Patna High Court
Govinda PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The petitioner is entitled to anticipatory bail subject to the conditions imposed by the Court.
Summary
The petitioner, Govinda Paswan, was named in a complaint alleging molestation of a 15‑year‑old girl under Section 354(A) IPC and Section 8 of the POCSO Act, allegedly arising from a land dispute. The petitioner’s counsel argued that the allegations were vague, the incident was non‑penetrative, and co‑accused persons had already been granted anticipatory bail, warranting parity. The State opposed bail. The Court noted the general nature of the allegations, the background of a land dispute, and the bail already granted to co‑accused, and therefore ordered the petitioner’s release on anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of offences under Section 354(A) IPC and Section 8 POCSO Act.
- Whether the nature of the allegations and the bail granted to co‑accused justify granting bail to the petitioner.
- What conditions under Section 438 CrPC and Section 482 BNSS are applicable to the anticipatory bail.
Legislation cited
- Bihar Negotiable Instruments (or BNSS) Act — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 354(A)
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- anticipatory bail
- sexual assault
- POCSO
- Section 354A IPC
- Section 8 POCSO
- land dispute
- co‑accused parity
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33811 of 2026
Arising Out of PS. Case No.-32 Year-2020 Thana- BHOJPUR COMPLAINT CASE District-
Bhojpur
======================================================
Govinda Paswan S/o Ajay Paswan R/o Village - Ichari, P.S. - Ayer, District -
Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX D/o YYY R/o Village - Ichari, P.S. - Ayer, District - Bhojpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhanesh Shankar Vidyarthi
For the Opposite Party/s : Mr.Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 15-05-2026 Heard the parties.
2. The petitioner is named in the complaint petition and
apprehending his arrest in connection with Complaint Case No.
32(C) of 2020 registered for the offences punishable under Section
354(A) of the IPC and Section 8 of the POCSO Act.
3. As per complaint petition, it is alleged that accused
persons including this petitioner molested the complainant. It is also
alleged that the complainant aged about 15 years was sexually
assaulted, also during the occurrence by co-accused persons
including petitioner.
4. It is submitted by learned counsel appearing on behalf
of the petitioner that allegation is appearing very much general and
omnibus in nature against petitioner and, moreover from the
statement of victim it appears that the occurrence took place in the
background of land dispute. It is also submitted that similarly
Patna High Court CR. MISC. No.33811 of 2026(2) dt.15-05-2026
2/2
situated co-accused persons namely Shekhar Paswan and Chandan
Paswan have already granted anticipatory bail by one of the learned
Co-ordinate Bench of this Court through Cr. Misc. No. 2394 of 2026
dated 19.03.2026 and, therefore, as a matter of judicial parity this
petitioner also deserves bail. While concluding the arguments, it is
submitted that above named petitioner is a man of clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking
note of nature of allegations, which is qua non penetrative sexual
assault in the background of land dispute, coupled with the fact as
similarly situated co-accused have already granted anticipatory bail
by one of the learned Co-ordinate Bench, accordingly petitioner
above-named, in the event of his arrest or surrender before the court
below within a period of four weeks, is directed to be released on
bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of the
learned 6th District and Additional Sessions Judge-cum-Exclusive
Special Court of POCSO Act, Bhojpur at Ara/concerned Court,
where the case is pending in connection with Complaint Case No.
32(C) of 2020, subject to the conditions as laid down under Section
438(2) of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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