Patna High Court
Chandan Paswan @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court held that bail could not be granted at this stage and rejected the petitioner's bail application.
Summary
The petitioner, Chandan Paswan, was charged under Sections 366(A) and 34 of the Indian Penal Code and Section 8 of the POCSO Act for alleged sexual offences. He applied for regular bail, having been in custody since 22 February 2024 and possessing a clean criminal record. The trial had progressed with only two of seven prosecution witnesses examined, while five remained unexamined. The State opposed bail, noting that the charge was framed on 22 May 2025 and witness examination was ongoing. Considering the seriousness of the offences and the incomplete trial, the Court declined to grant bail and dismissed the application.
Issues considered
- Whether regular bail should be granted to the petitioner at the current stage of the trial involving serious sexual offence charges.
Legislation cited
- Indian Penal Code — s. 34, 366A
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- regular bail
- IPC
- POCSO
- sexual offences
- witness examination
- trial stage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58536 of 2025
Arising Out of PS. Case No.-25 Year-2024 Thana- BAJPATTI District- Sitamarhi
======================================================
Chandan Paswan @ Chandan Kumar S/o- Charitra Paswan @ Chalitra
Paswan Resident of Village- Muraul, P.S.- Bajpatti, Dist- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dulari Devi W/o- Suresh Mukhiya Village- Muraul Ps- Bajpatti Dist-
Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
6 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Bajpatti P.S. Case No. 25 of 2024, lodged on 27.01.2024, under
Sections 366(A) and 34 of the Indian Penal Code and under
Section 8 of the POCSO Act.
3. Learned counsel for the petitioner submits that the
petitioner’s bail application was earlier rejected vide order dated
01.10.2024 passed in Cr. Misc. No. 68395 of 2024. He further
submits that a report regarding the present stage of the trial was
called for and from the report it transpires that out of seven
witnesses, two witnesses have been examined and five
Patna High Court CR. MISC. No.58536 of 2025(6) dt.25-02-2026
2/2
witnesses are yet to be examined. He also submits that the
petitioner has been in custody since 22.02.2024 and has a clean
criminal antecedent.
4. Learned APP for the State opposes the prayer for
bail and submits that charge was framed on 22.05.2025 and the
examination of prosecution witnesses is going on. Out of seven
witnesses, five witnesses are yet to be examined.
5. In the present facts and circumstances of this case
and the submissions made above, this Court is not inclined to
grant bail to the petitioner at this stage. Accordingly, the bail
application of the petitioner is hereby rejected.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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