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Patna High Court

Vinay PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied because the allegations were of a serious and grave nature, particularly involving child sexual abuse.

Summary

The petitioner, Vinay Paswan, was charged under multiple sections of the BNS and Section 4 of the POCSO Act for allegedly forcibly establishing physical relations with a minor girl, the informant's daughter, after a marriage ceremony. He has been in custody since 13 August 2025. The petitioner applied for regular bail, arguing that he should be released pending trial. The prosecution highlighted the seriousness of the offences, especially the child sexual abuse under the POCSO Act, and the need to ensure the safety of the minor and the integrity of the investigation. The Court, considering the gravity of the allegations and the nature of the offences, was not inclined to grant bail. Consequently, the application for bail was dismissed.

Issues considered

  • Whether bail should be granted to the accused in a case involving serious offences under the BNS and the POCSO Act

Legislation cited

  • BNS — s. 115(2), 126(2), 3(5), 351(2), 352, 65(1), 70(2)
  • POCSO Act — s. 4

Subjects

  • bail
  • child sexual abuse
  • POCSO
  • serious offences
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82532 of 2025
                  Arising Out of PS. Case No.-333 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 Vinay Paswan Son of Jitan Paswan Village- Madhubani Ghat, Ward No 5, PS-
                 Motihari Muffasil, Distt -East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar bihar
           2.    Dev Lal Paswan Son of Late Ramchandra Paswan Village- Madhubani Ghat,
                 Ward No 5, PS- Muffasil, Distt -East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ramakant Yadav
                 For the Opposite Party/s :      Mr.Madhuri Lata
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   19-03-2026                    Heard the parties.

                                2. The petitioner seeks bail in connection with

                   Muffasil P.S. Case No. 333 of 2025 registered for the offence

                   under Sections 126(2), 115(2), 65(1), 70(2), 352, 351(2), 3(5) of

                   the BNS and under Section 4 of the POCSO Act.

                                3. As per the prosecution case, when the minor

                   daughter of the informant was coming home after attending a

                   marriage ceremony, the petitioner and other co-accused caught

                   her and have forcibly established physical relation with her.

                                4. The petitioner is in custody since 13.08.2025.

                                5. In view of the serious allegations levelled against

                   the petitioner, this Court is not inclined to grant bail to the
          Patna High Court CR. MISC. No.82532 of 2025(5) dt.19-03-2026
                                                      2/2




                    petitioner.

                                  6. Accordingly, this application for grant of regular

                    bail is dismissed.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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