Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37232 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- SAHODARA District- West Champaran ====================================================== MANOJ PASWAN S/o- Late Parsan Paswan Village- Rajpur Ps- Sahodara Dist- West Champaran Presently Village- Purainia Ps- Shikarpur Dist- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Hakim Yadav S/o- Rambali Yadav R/o- Bisunpurwa Ps- Sahodara Dist- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP For the Informant :

Mr. Avinash Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Sahodra P.S. Case No. 30 of 2025 instituted for the offences under Sections 137(2), 96 of the Bharatiya Nyaya Sanhita, 2023 and Section 8 of the POCSO Act.

3. Prosecution case, in short, is that, the petitioner along with co-accused kidnapped the minor daughter of the informant with intention to marry her.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.37232 of 2025(3) dt.19-08-2025 2/3 Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that victim in her statement recorded under Section 183 of the Bharatiya Nagarika Suraksha Sanhita, 2023 has specifically stated that co-accused Amresh Chaudhary made physical relationship with her against her will. It is further submitted that nothing has been whispered against the petitioner by the victim in her Section 183 BNSS statement. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.04.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being no whisper against this petitioner in Section 183 BNSS Statement of the victim as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.37232 of 2025(3) dt.19-08-2025 3/3 below/concerned Court in connection with Sahodra P.S. Case No. 30 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T