Patna High Court
Ankit Paswan @ Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioners subject to surrender within eight weeks and furnishing bail bonds of Rs 10,000 each with two sureties, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, four residents of Kolhua village, were implicated in an FIR dated 04‑08‑2024 alleging eve‑teasing, theft of a gold chain, assault and threats against a 15‑year‑old girl and her niece. They faced charges under multiple sections of the Bhartiya Nyaya Sanhita, including offences of wrongful restraint, kidnapping, assault, and offences against women, as well as sections 8 and 12 of the POCSO Act. The petitioners contended that the FIR was false, frivolous and filed to harass them, asserting clean antecedents and seeking bail. The State opposed the bail application. The court, after hearing counsel, ordered that the petitioners be released on bail provided they surrender within eight weeks, furnish a bail bond of Rs 10,000 each with two sureties, and comply with conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail can be granted to the accused despite the serious nature of the charges under the Bhartiya Nyaya Sanhita and the POCSO Act
- Whether the FIR is frivolous or false warranting bail
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita empowers the court to enlarge bail in this case
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 115, 117, 126, 191, 303, 351, 352, 76
- POCSO Act — s. 12, 8
Subjects
- bail
- Criminal Procedure
- POCSO Act
- Bhartiya Nyaya Sanhita
- Section 482
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86033 of 2025
Arising Out of PS. Case No.-56 Year-2024 Thana- SALAIYA District- Aurangabad
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1. Ankit Paswan @ Ankit Kumar S/o Rajeshwar Paswan @ Ganesh Paswan
R/o Village - Kolhua, P.S - Salaiya, District - Aurangabad.
2. Prince Kumar Son of Binod Paswan. R/o Village - Kolhua, P.S - Salaiya,
District - Aurangabad.
3. Pintu Paswan @ Pintu Kumar Son of Sanjay Paswan. R/o Village - Kolhua,
P.S - Salaiya, District - Aurangabad.
4. Balbir Paswan @ Balbir Kumar Son of Raja Paswan @ Raja Gahalaut R/o
Village - Kolhua, P.S - Salaiya, District - Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Alindra Paswan Son of Late Indradev Paswan R/o Village - Kolhua, P.S -
Salaiya, District - Aurangabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr.Nawnit Kumar Tiwary, Adv.
For the State : Mr.Mohammed Arif, APP
For the OP-2 : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 08-07-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 191(2), 126(2), 115(2),
117(2), 303(2), 352, 351(2), 76 of the Bhartiya Nyaya Sanhita
and Sections 8 & 12 of the POCSO Act.
3. As per F.I.R., on 04.08.2024 in morning at about
04:00 AM, daughter and niece of informant, aged about 15
years, went out of their house to attend the call of nature and
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when they were returning, all the accused persons named in the
F.I.R. including these petitioners started eve-teasing with victim
girls, due to which, cloth of one victim torn. Accused persons
also snatched gold chain from the neck of niece of informant. It
is further alleged that when informant and other family
members came, the accused persons assaulted them and
threatened with dire consequences.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. F.I.R. is based on false and frivolous grounds only with a
view to harass these petitioners. Police, after investigation,
submitted final form against these petitioners. Petitioners claim
clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Additional Sessions Judge – VI cum
Special Exclusive Judge (POCSO), Civil Court, Aurangabad in
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connection with Salaiya P.S. Case No. 56 of 2024, subject to
condition as laid down under Section 482 of the Bhartiya Nagrik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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