Patna High Court
Suraj Pasi @ Suraj Kumar ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted bail to the petitioner subject to stringent conditions.
Summary
The petitioner, Suraj Pasi, was arrested in a POCSO case for an alleged offence under Section 376 of the IPC read with Section 4 of the POCSO Act. He was initially granted bail in 2019, but the bail bond was cancelled after repeated non‑appearance, leading to his custody. After surrendering in 2023, bail was again granted but later revoked in March 2025 for further defaults. The petitioner argued that his absence was due to earning a livelihood and offered an undertaking to appear on all future dates. The court noted that the trial was at an early stage with only a few witnesses examined and considered the petitioner’s undertaking and the lack of a positive finding on the rape charge. Consequently, the court extended bail on a Rs.10,000 bond with two sureties and imposed strict conditions regarding appearance, non‑tampering with witnesses, and refraining from further offences.
Issues considered
- Whether bail should be granted to the accused in a POCSO case despite repeated defaults and the stage of trial.
Legislation cited
- Indian Penal Code — s. 376
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- bail
- POCSO
- rape
- non-appearance
- trial stage
- conditions
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78057 of 2025
Arising Out of PS. Case No.-264 Year-2018 Thana- ITARHI District- Buxar
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Suraj Pasi @ Suraj Kumar Choudhary Son of Kameshwar Pasi @ Kameshwar
Prasad@ Kameshwar Choudhary Resident of Village - Kukurha, P.S.- Itarhi,
District – Buxar .. ... Petitioner/s
Versus
1. The State of Bihar
2. Sudama Ram Son of Shri Ram Prakash Ram Resident of Village - Kukurha,
P.S.- Itarhi, District - Buxar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satyapal Singh, Adv.
For the Opposite Party/s : Mr.Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in connection with
POCSO Case No. 56/2018 arising out of Itarhi P.S. Case No.
264 of 2018 for the offence punishable under section 376 of the
IPC read with section 4 of the POCSO Act lodged on
10.10.2018, by the informant.
3. Earlier on 18.04.2019, the petitioner was granted
bail by this Court in Cr. Misc. No. 8162 of 2019 and due to non
appearance on certain dates, his bail bond was cancelled on
27.07.2022 and again on 15.05.2023, almost after ten months,
the petitioner surrendered and he was again granted bail subject
to the condition of his physical presence on each and every date
but again the petitioner left doing pairvi of his case, the learned
trial court again got his bail dismissed on 01.03.2025.
Patna High Court CR. MISC. No.78057 of 2025(3) dt.19-03-2026
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4. Learned counsel for the petitioner submits that
appearance on the respective dates as referred in paragraph-11
of the present petition, could not be made because the petitioner
had gone out of station for earning his livelihood. Now, the
petitioner undertakes that he would be ensuring his appearance
on each and every date and in case of any default, his bail bond
shall be liable to be cancelled. It has next been submitted that
no positive finding had come in respect of the commission of
rape owing to which, the petitioner was granted bail in the
instant case and the learned APP, at this stage submits that the
stage of trial was called for and out of 7 witnesses, 5 witnesses
have been examined and one witness who is Investigating
Officer is likely to be examined.
5. Considering the fact that the petitioner was granted
bail in the year 2019 itself and due to non appearance, his bail
bond was cancelled and now he is in custody since 04.06.2025,
only two witnesses are to be examined and also considering the
undertaking given by the petitioner that he would ensure his
appearance on each and every date and in case of any default,
his bail bond shall be liable to be cancelled, this Court is
inclined to extend him the privilege of bail.
6. Let the petitioner, above named, be released on
Patna High Court CR. MISC. No.78057 of 2025(3) dt.19-03-2026
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bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with
two sureties of like amount each to the satisfaction of learned
Special Judge POCSO, Buxar, in connection with aforesaid PS
Case, subject to the following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/their bail bond
by the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
U T
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