Patna High Court

CR. MISC./48339/2026 of Suraj Kumar Paswan @ Suraj Paswan Vs The State of Bihar on 20 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48339 of 2026 Arising Out of PS. Case No.-39 Year-2025 Thana- Tetiyabumber District- Munger ====================================================== Suraj Kumar Paswan @ Suraj Paswan, Son of Subodh Paswan, Resident of Village- Bamber, P.S.-

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48339 of 2026

Arising Out of PS. Case No.-39 Year-2025 Thana- Tetiyabumber District- Munger ======================================================

Suraj Kumar Paswan @ Suraj Paswan, Son of Subodh Paswan, Resident of Village- Bamber, P.S.- Tetiya Bamber, District- Munger

... ... Petitioner/s

Versus

1.

The State of Bihar

2.

X, Wife of Y Resident of Village- Bamber, P.S.- Tetiya Bamber, District- Munger

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Subodh Kumar Jha, Advocate

For the State

:

Mr. Jagdhar Prasad, APP

For the Informant

:

Mr. Sarveshwar Tiwary, Advocate

======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

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ORAL ORDER

20-08-2026 Heard learned counsel for the petitioner, learned counsel for the Informant and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Tetiya Bamber P.S. Case No. 39 of 2025 lodged on 22.03.2025, for the offence punishable under Sections 137(2), 64 and 61(2) of the BNS, 2023 and Sections 4 and 8 of the Protection of Children from Sexual Offences (POCSO) Act.

3. The present FIR has been lodged by virtue of the complaint which was converted into FIR by virtue of Section 175(3) of the B.N.S.S. The allegation of kidnapping of the informant’s daughter with a view to marry as well as POCSO Act has been attracted in this case.

Patna High Court CR. MISC. No.48339 of 2026(3) dt.20-08-2026

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that antecedent of the petitioner is not clean, but he categorically submits that with the same allegation, the same informant has filed the said case which is his only criminal antecedent. Counsel submits that petitioner is in custody since 21.07.2025. He further submits that victim has been recovered in this case, cognizance has been taken, trial has commenced and during trial, evidence of the victim has taken place which is annexed as Annexure- P/2. He categorically submits that in her evidence, she has not deposed anything against the petitioner. Counsel submits that not only the victim, rather, her mother has also deposed nothing against the petitioner. Counsel submits that keeping the petitioner into custody shall become futile exercise.

5. Learned counsel for the informant fairly submits that as per the instruction, the informant is not ready to contest and informant is inclined to close this case.

6. Learned APP for the State opposes the prayer for bail of the petitioner but fairly submits that in the evidence, no material has come against the petitioner.

7. As such, in the present facts and circumstances of the case considering that in the evidence, neither the victim nor Patna High Court CR. MISC. No.48339 of 2026(3) dt.20-08-2026

the informant has disclosed anything against the petitioner, therefore, this Court has no option but to grant bail to the petitioner.

8. Accordingly, let the above named petitioner be granted bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive Special Judge (POCSO Act) -cum-District & Additional Sessions Judge-VI, Munger, in connection with Tetiya Bamber P.S. Case No. 39 of 2025, subject to the conditions as laid down U/s 480(3) of the B.N.S.S., 2023.

Anjali/Somesh/- (Dr. Anshuman, J) U T

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