Allowed¶26

Shekhar Paswan @ Shekhar Kumar v. The State of Bihar

Patna HC19 Mar 2026CR. MISC./2394/2026

Case brief

AI extract

What is this about?

Anticipatory bail; pre-arrest bail; Section 354(A) IPC; Section 8 POCSO Act; molestation complaint; Bharatiya Nagarik Suraksha Sanhita Section 482(2); Patna High Court; Justice Sunil Dutta Mishra; Bhojpur; Complaint Case No. 32 (C) of 2020; delay of eight months in filing complaint; general and omnibus allegation; clean antecedents; bail bond Rs.10,000 with two sureties; decision dated 19-03-2026.

What did the court decide?

Anticipatory bail granted to both petitioners in the event of arrest or surrender within six weeks, on bail bonds of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of the learned District and Additional Sessions Judge-VI-cum-Exclusive Special Court of POCSO Act, Bhojpur at Ara, subject to Section 482(2) BNSS conditions. ¶26

Shekhar Paswan @ Shekhar Kumar Vs The State of… — Child Sexual Offences (POCSO) | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, who apprehend arrest in a case registered under Section 354(A) IPC and Section 8 of the POCSO Act (Complaint Case No. 32 (C) of 2020), are entitled to be released on anticipatory bail.

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Court's answer

Anticipatory bail granted: the petitioners are to be released on bail in the event of arrest or surrender before the learned court below within six weeks, on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

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Ratio / Principle

Bail was granted having regard to the facts and circumstances, submissions of counsel, the nature of allegation against the petitioners, the delay in filing the complaint case and the clean antecedents of the petitioners.

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Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Sunil Dutta Mishra, J.) allowed Criminal Miscellaneous No.2394 of 2026 arising out of Complaint Case No. 32 (C) of 2020 (PS Case No. 32 of 2020, Bhojpur), registered under Section 354(A) of the Indian Penal Code and Section 8 of the POCSO Act for alleged molestation of the complainant. The Court considered the nature of the allegation, the delay of more than eight months in filing the complaint case urged by counsel, and the clean antecedents of the petitioners, and directed their release on bail in the event of arrest or surrender before the learned court below within six weeks, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2394 of 2026

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Arising Out of PS. Case No.-32 Year-2020 Thana- BHOJPUR COMPLAINT CASE DistrictBhojpur

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Shekhar Paswan @ Shekhar Kumar S/o Arvind Paswan Resident of VillageIchari, PS- Ayer District- Bhojpur At Ara

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Chandan Paswan S/o Arvind Paswan Resident of Village- Ichari, PS- Ayer District- Bhojpur At Ara

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... ... Petitioner/s

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Versus

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The State of Bihar

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... ... Opposite Party/s

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Appearance : For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate For the State : Mr. Shantanu Kumar, APP For O.P. No. 2 : Mr. Pankaj Kumar Singh, Advocate

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CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

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3 19-03-2026

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Heard learned counsel for the petitioners, learned

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A.P.P. for the State and learned counsel for the O.P. No. 2.

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The petitioners apprehend their arrest in a case

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registered under Section 354 (A) of the Indian Penal Code and Section 8 of the POCSO Act.

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It is alleged that the accused persons including the

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petitioners molested the complainant with bad intention.

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Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case due to land dispute and previous enmity. Further submission is that there is an inordinate delay of more than eight months in filing the complaint case, which creates serious doubt over the prosecution. Allegation against the petitioners is general and omnibus. He further submitted that the victim girl

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Patna High Court CR. MISC. No.2394 of 2026(3) dt.19-03-2026 2/2

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was major at the time of occurrence, but her parents have tactfully concealed her actual age. Petitioners have no criminal antecedent. They undertake to cooperate in the trial.

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Learned A.P.P. appearing on behalf of the State and learned counsel for the O.P. No. 2 have opposed the bail application.

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Having considered the facts and circumstances of the case, submissions of learned counsel for the parties, nature of allegation against the petitioners, delay in filing the complaint case and clean antecedent of the petitioners, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-VI-cum-Exclusive Special Court of POCSO Act, Bhojpur at Ara in connection with Complaint Case No. 32 (C) of 2020, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

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(Sunil Dutta Mishra, J)

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utkarsh/- U T

Shekhar Paswan @ Shekhar Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shekhar Paswan @ Shekhar Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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