Patna High Court
Shashikant PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted bail to the petitioners, subject to a bond and conditions under the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioners, Shashikant Paswan and Deepak Paswan, sought bail after an FIR (Fatuha PS Case No. 891 of 2025) alleged they assaulted an informant, attempted to outrage modesty, and stole jewellery, invoking several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioners claimed innocence, stating a long‑standing land dispute and that a counter‑case (Case No. 892 of 2025) had been filed by them, with both sides sustaining injuries. The State opposed bail, emphasizing the seriousness of the offences. The Court considered the mutual injuries, the existence of a counter‑case, and the petitioners' clean antecedents. It ordered that bail be granted on surrender within four weeks, upon furnishing a bond of Rs 30,000 each, under Section 2(1)(d) of the B.N.S.S., 2023, subject to conditions under Section 482(2).
Issues considered
- Whether bail should be granted to the accused despite the serious offences alleged under the Bharatiya Nyaya Sanhita, 2023.
- Whether the existence of a counter‑case and mutual injuries affect the grant of bail.
- Whether the conditions prescribed under Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023 are satisfied.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 2(1)(d), 303(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- bail
- criminal procedure
- assault
- land dispute
- counter case
- Bharatiya Nyaya Sanhita
- Section 482
- Section 2(1)(d)
- injuries
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36080 of 2026
Arising Out of PS. Case No.-891 Year-2025 Thana- FATUA District- Patna
======================================================
1. Shashikant Paswan Son of Umacharan Paswan Resident of Village -
Sarwahanpur, Police Station - Fatuha, District - Patna.
2. Deepak Paswan Son of Umacharan Paswan Resident of Village -
Sarwahanpur, Police Station - Fatuha, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Adv.
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. The petitioners are apprehending arrest in
connection with Fatuha P.S. Case No. 891 of 2025 lodged on
29.11.2025, for the offence punishable under Sections 126(2),
115(2), 109, 303(2), 74, 351(2), 352 & 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
4. As per the prosecution, FIR has been lodged against
seven named accused persons and 3-4 unknown persons. The
allegation is that the accused persons in connivance with each
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other armed with deadly weapons entered in the house of the
informant and started abusive language. They have also tried to
outrage the modesty of the informant and when the informant’s
husband and son came forward then the accused persons also
assaulted them due to which, injuries have been caused. The
allegation of snatching jewellary is also there in the FIR.
5. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel further submits that both parties are resident of the
same village and a long standing dispute between them relating
to a small piece of land over which both sides are claiming right
to park their vehicles is there. He submits that for the same date
and place of occurrence, there are case and counter case filed
from both the sides i.e. one case has been lodged from the
petitioners’ side bearing Fatuha P.S. Case No. 892 of 2025 and
the present case has been lodged from the informant’s side
bearing Fatuha P.S. Case No. 891 of 2025. He submits that both
parties received injuries and the petitioners’ injury report is
annexed as Annexure-P/2. He further submits that the
petitioners have clean antecedent and they are ready to fulfill all
the conditions whatsoever shall be imposed upon them.
6. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.36080 of 2026(2) dt.01-06-2026
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bail of the petitioners but fairly submits that for the same date
and place of occurrence, there are case and counter case filed
from both the sides and both the petitioners have received
injuries which is annexed as Annexure-P/2.
7. In the present facts and circumstances of this case
considering that the petitioners have also received injuries,
therefore, let the above named petitioners be released on bail, in
the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in
Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of
Additional Chief Judicial Magistrate, Patna City, in connection
with Fatuha P.S. Case No. 891 of 2025, subject to the conditions
as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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