Mithoon Paswan @ Mithoon Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41058 of 2025 Arising Out of PS. Case No.-453 Year-2024 Thana- RAHUI District- Nalanda ====================================================== Mithoon Paswan @ Mithoon Kumar S/O Ashok Paswan R/O VillageHussainpur, P.S- Rahui, Dist.- Nalanda (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Doman Bind S/O Jagdev Bind R/O Village- Hussainpur, P.S- Rahui, Distt.- Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sumiran Rai, Advocate :

Mr. Aditya Kumar, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-09-2025 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Rauhi P.S. Case No. 453 of 2024 registered for the offence under Sections 126(2), 115(2), 125(a), 76, 351(2), 3(5) of the B.N.S. and Sections 8 and 12 of the POCSO Act.

3. As per the prosecution case, the petitioner is accused of molesting the victim.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. The petitioner is in custody since 15.01.2025 and he claims clean antecedent.

5. Learned A.P.P. appearing for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the

Patna High Court CR. MISC. No.41058 of 2025(3) dt.04-09-2025 2/2 case, this application for regular bail is allowed.

7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge-cumSpecial Judge POCSO Act, Biharsharif at Nalanda/concerned Court below in connection with Rahui P.S. Case No. 453 of 2024 subject to condition that:- (i). The petitioner will mark his attendance at the Rahui Police Station on the first and the last Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bonds of the petitioner.

(ii). Before accepting the bail-bond of the petitioner, the court below will verify the antecedent of the petitioner. If the petitioner is found having clean antecedent, the bail-bonds of the petitioner shall be accepted. If the petitioner is found having criminal antecedent(s), his bail-bonds shall not be accepted by the court below.

8. This application for regular bail stands allowed. (Sandeep Kumar, J) anand/- U T