Patna High Court
Arjun PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions.
Summary
Arjun Paswan was accused of attempting to rape a woman, with charges under IPC sections 376, 511, 323, 504 and Section 8 of the POCSO Act. He applied for anticipatory bail, claiming innocence, a retaliatory false complaint, a one‑month delay in filing the FIR, and clean antecedents. The State opposed the bail. The court considered the delay, the alleged motive of retaliation, and the petitioner’s clean record, and decided to grant anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and subject to Section 482(2) of the B.N.S.S. The order allows the petitioner to be released on bail if arrested within eight weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances
- Whether the delay in filing the complaint and alleged retaliatory motive affect the merits of the bail application
Legislation cited
- Indian Penal Code — s. 323, 376, 504, 511
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- anticipatory bail
- rape
- POCSO
- false complaint
- delay in filing FIR
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7915 of 2026
Arising Out of PS. Case No.-58 Year-2023 Thana- DHANAHA District- West Champaran
======================================================
Arjun Paswan S/o- Ramdeni Paswan @ Ramdeni Majhee Village- Khotahwa
Police station- Dhanaha District- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX D/o- YYY R/v- Khotahwa Ps- Dhanaha Dist- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Brij Kishor Mishra, Advocate
For the State : Mr. Ahmad Ali, APP
For the Informant : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 28-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. Despite valid service of notice, no one appears on
behalf of the informant/Opposite Party No. 2.
3. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 376, 511,
323 and 504 of the Indian Penal Code and Section 8 of the
POCSO Act.
4. The prosecution case, in brief, is that on the alleged
date and time of occurrence, when the victim/informant went to
the fields to attend call of nature, in the meantime, seeing her
alone, this petitioner, along with co-accused Sandesh Paswan,
Patna High Court CR. MISC. No.7915 of 2026(3) dt.28-04-2026
2/3
grabbed her, threw her on the ground and attempted to commit
rape, however, the informant/victim somehow managed to
escape.
5. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, prior to lodging of
the present case, Dhanaha P.S. Case No. 11 of 2023 was lodged
by brother of this petitioner against father of informant and
others and in retaliation and only with a view to save their skin
from the aforesaid case, this false and concocted case has been
lodged. Moreover, the alleged occurrence took place on
15.01.2023 whereas the present complaint petition was filed on
17.02.2023 i.e. after inordinate delay of more than one month
and there is no plausible explanation for the same, which itself
makes the entire prosecution case doubtful. It is further
submitted that after detailed investigation, police submitted final
form against this petitioner, however, differing with the same,
the learned trial court took cognizance. Petitioner claims clean
antecedents.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
Patna High Court CR. MISC. No.7915 of 2026(3) dt.28-04-2026
3/3
7. Considering the facts and circumstances of the
case, case and counter-case between the parties, delay in filing
of the complaint petition and clean antecedents of the petitioner,
the prayer for grant of anticipatory bail to the petitioner is
allowed.
8. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge,
Rape & POCSO Act, Bettiah, District- West Champaran in
connection with Dhanaha P.S. Case No. 58 of 2023, subject to
condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…