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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petition for anticipatory bail, granting it subject to bond and surety conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Suraj Kumar, sought anticipatory bail after learning that he might be arrested in connection with Mufassil P.S. Case No. 478 of 2025, which alleged offences under several sections of the B.N.S. and Section 8 of the POCSO Act, including an alleged assault on the mother of a minor girl. The prosecution contended that the petitioner had assaulted the minor’s mother, while the petitioner maintained his innocence, asserted a clean antecedent, and noted that the victim had not named him in her statement. The State opposed the bail, arguing the seriousness of the charges. The Court examined the facts, the nature of the allegations, and the petitioner’s claim of innocence, and concluded that anticipatory bail was appropriate under Section 482(2) of the B.N.S.S. 8. Consequently, the Court ordered the petitioner to be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount, subject to the usual conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the alleged offences.
  • Whether the allegations constitute a serious cognizable offence warranting denial of bail.
  • Whether the petitioner’s clean antecedent and lack of identification by the victim justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • POCSO Act
  • criminal procedure
  • Bihar
  • assault
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 37778 of 2026
                   Arising Out of PS. Case No.-478 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
                                                        Samastipur
                 ======================================================
                 Suraj Kumar S/O Ranjeet Paswan R/o Village- Pokhraira, Ward no.- 07, P.S-
                 Muffasil, District- Samastipur

                                                                                  ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    XXX W/O YYY R/o Village- Pokhraira, Ward no.- 07, P.S- Muffasil,
                 District- Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bijay Bhushan Prasad, Adv.
                 For the Opposite Party/s :      Mr. Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-06-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                   2. The petitioner apprehends arrest in connection

                   with Mufassil P.S. Case No. 478 of 2025 registered for offences

                   under Sections 126(2), 115(2), 329(4), 76, 117(2), 303(2), 352,

                   351(2) & 3(5) of B.N.S. read with Section 8 of POCSO Act.

                                   3. As per the prosecution case, the petitioner is said

                   to have assaulted the mother of the minor girl.

                                   4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   The petitioner claims clean antecedent. The victim has not

                   named the petitioner in her statement.
            Patna High Court CR. MISC. No. 37778 of 2026(2) dt.15-06-2026
                                                        2/2




                                      5. Learned A.P.P. for the State has vehemently

                      opposed the prayer for bail.

                                      6. Considering the facts and circumstances of the

                      case, this application for anticipatory bail stands allowed.

                                      7. Accordingly, let the petitioner, above-named, in

                      the event of arrest or surrender within four weeks from today in

                      the Court below, be released on anticipatory bail on furnishing

                      bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with

                      two sureties of the like amount each to the satisfaction of

                      learned Court below where the case is pending/successor Court

                      in connection with Mufassil P.S. Case No. 478 of 2025, subject

                      to the conditions as laid down under Section 482(2) of the

                      B.N.S.S.

                                      8. It is made clear that any observation made herein

                      is prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


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