Patna High Court
Amod Paswan @ Amod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail could not be granted and dismissed the bail application.
Summary
Amod Paswan was charged under Section 376 of the Indian Penal Code and Section 6 of the POCSO Act for allegedly raping a fifteen‑year‑old girl. He applied for regular bail after having been in custody since July 2023, having previously been denied bail in two earlier applications. The prosecution reported that seven of eight witnesses, including three additional witnesses beyond the charge sheet, have been examined, with only the medical doctor’s testimony pending. The High Court, after hearing counsel, held that given the seriousness of the allegations and the stage of the trial, bail could not be granted. The application for bail was therefore rejected and the trial court was directed to expedite the remaining testimony.
Issues considered
- Whether bail should be granted to an accused charged with rape of a minor under IPC 376 and POCSO Act Section 6, considering the seriousness of the offence and the progress of the trial.
Legislation cited
- Indian Penal Code — s. 376
- Protection of Children from Sexual Offences Act — s. 6
Subjects
- bail
- rape
- child sexual abuse
- IPC 376
- POCSO Act
- high court
- trial progress
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7822 of 2026
Arising Out of PS. Case No.-300 Year-2023 Thana- VAISHALI District- Vaishali
======================================================
Amod Paswan @ Amod Kumar S/o Pakauri Paswan R/o Village- Nagwan,
P.S- Belsar O.P, Dist- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX D/O YYY R/o Village- Nagwan, P.S- Belsar O.P, Dist- Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar, Advocate
For the Opposite Party/s : Dr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 18-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant of
regular bail in connection with Belsar O.P. (Vaishali) P.S Case
no. 300 of 2023, registered under section 376 of the Indian
Penal Code and section 6 of the POCSO Act.
3. As per the prosecution case, the fifteen year old
informant states that finding her alone in the house, the
petitioner entered into her house, overpowered her and
committed rape. On her raising hulla, her uncle and aunt came
on which the petitioner escaped.
4. It is submitted by learned counsel for the petitioner
that the earlier prayer for bail of the petitioner was rejected vide
order dated 21.3.2024 passed in Cr. Misc. no. 1308 of 2024 and
Patna High Court CR. MISC. No.7822 of 2026(3) dt.18-03-2026
2/3
lastly by order dated 10.1.2025 passed in Cr.Misc. no. 83693 of
2024. The petitioner has remained in custody since 17.7.2023
and undertakes to cooperate in the trial.
5. The application for bail is opposed by learned APP
for the State.
6. A report was called for from the learned trial Court.
As per the report received, examination of prosecution
witnesses is going on and four witnesses have been examined
out of the five witnesses named in the charge sheet. The report
further states that other than the charge sheet witnesses, three
other witnesses have also been examined. Only the doctor
remains to be examined.
7. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the progress in the trial in the learned trial Court
wherein seven witnesses have been examined and only the
doctor remains to be examined, the Court is not inclined to
enlarge the petitioner on bail and the application is rejected.
8. Learned trial Court is directed to expedite the trial.
9. The Superintendent of Police Vaishali shall ensure
the appearance of the doctor for his deposition in the trial in the
learned trial Court at the earliest.
Patna High Court CR. MISC. No.7822 of 2026(3) dt.18-03-2026
3/3
10. Let a copy of this order be communicated to the
Superintendent of Police, Vaishali for its due compliance.
(Partha Sarthy, J)
Bibhash
U T
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