Govinda Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33811 of 2026 Arising Out of PS. Case No.-32 Year-2020 Thana- BHOJPUR COMPLAINT CASE DistrictBhojpur ====================================================== Govinda Paswan S/o Ajay Paswan R/o Village - Ichari, P.S. - Ayer, District - Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX D/o YYY R/o Village - Ichari, P.S. - Ayer, District - Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhanesh Shankar Vidyarthi For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-05-2026 Heard the parties.

2. The petitioner is named in the complaint petition and apprehending his arrest in connection with Complaint Case No. 32(C) of 2020 registered for the offences punishable under Section 354(A) of the IPC and Section 8 of the POCSO Act.

3. As per complaint petition, it is alleged that accused persons including this petitioner molested the complainant. It is also alleged that the complainant aged about 15 years was sexually assaulted, also during the occurrence by co-accused persons including petitioner.

4. It is submitted by learned counsel appearing on behalf of the petitioner that allegation is appearing very much general and omnibus in nature against petitioner and, moreover from the statement of victim it appears that the occurrence took place in the background of land dispute. It is also submitted that similarly

Patna High Court CR. MISC. No.33811 of 2026(2) dt.15-05-2026 2/2 situated co-accused persons namely Shekhar Paswan and Chandan Paswan have already granted anticipatory bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 2394 of 2026 dated 19.03.2026 and, therefore, as a matter of judicial parity this petitioner also deserves bail. While concluding the arguments, it is submitted that above named petitioner is a man of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual submission and by taking note of nature of allegations, which is qua non penetrative sexual assault in the background of land dispute, coupled with the fact as similarly situated co-accused have already granted anticipatory bail by one of the learned Co-ordinate Bench, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 6th District and Additional Sessions Judge-cum-Exclusive Special Court of POCSO Act, Bhojpur at Ara/concerned Court, where the case is pending in connection with Complaint Case No. 32(C) of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS. (Chandra Shekhar Jha, J) S.Tripathi/- U T