Patna High Court

Chandan PaswanversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL GRANTED
Bench: ALOK KUMAR SINHA

Holding

The court grants anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

Petitioner Chandan Paswan sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nagarik Suraksha Sanhita for allegedly assaulting an informant with a lathi. He claimed innocence, asserted no specific allegation against him, and highlighted his clean criminal record. The State opposed the bail. The court noted that the alleged injury was simple and the petitioner had no prior convictions, and therefore granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., including a bail bond and sureties, cooperation with investigation, and verification of antecedents. The order directs that if the petitioner conceals any criminal antecedent, the bail may be cancelled. The bail is to be effected within four weeks of the order.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite the allegations of assault under the B.N.S.S.
Whether the conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S. are applicable in this case

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Code of Criminal Procedure — s. 438(2)

Subjects

anticipatory bail
assault
criminal antecedent
Bharatiya Nagarik Suraksha Sanhita
Criminal Procedure Code
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10384 of 2026
                    Arising Out of PS. Case No.-108 Year-2025 Thana- GADHPURA District- Begusarai
                 ======================================================
                 Chandan Paswan S/o Teko Paswan R/o Village - Bhansi, P.S - Garhpura,
                 District - Begusarai

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Prerna Anand
                 For the Opposite Party/s :      Mr.Shyam Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   01-04-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Sections 126(2), 115(2), 352,

                   109(1), 191(2), 351(2) of the B.N.S.S.

                                3. The allegation against the petitioner is that the

                   petitioner assaulted the informant and Amit Raj with lathi,

                   danda and other weapons.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case.        He further submits that there is no specific

                   allegation against the petitioner of assault and the petitioner has

                   no criminal antecedent, as statement made in para 3 of the bail

                   application.
Patna High Court CR. MISC. No.10384 of 2026(3) dt.01-04-2026
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                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and the fact that the allegation against the petitioner

          is of assaulting Amit Raj on his head with lathi but the injury

          report shows that the injury sustained is simple in nature and the

          petitioner has also clean antecedent, I am inclined to grant

          privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be

          enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Chief Judicial Magistrate, Begusarai,

          in connection with Garhpura P.S. Case No. 108 of 2025,

          subject to the conditions laid down under section 438(2) of the

          Code of Criminal Procedure/Section 482(2) of the Bharatiya

          Nagarik Suraksha Sanhita, 2023 and subject to further condition

          that :-

                       (i)    the     petitioner      shall    co-operate   in   the

          investigation/trial.

                       (ii) the learned Court would, however, verify the

          criminal antecedent of the petitioner and in case, it is found that
            Patna High Court CR. MISC. No.10384 of 2026(3) dt.01-04-2026
                                                        3/3




                      the petitioner has concealed his criminal antecedent, the Court

                      below shall take steps for cancellation of bail-bond of the

                      petitioner. However, it is expected that the verification process

                      would be done expeditiously without causing any delay.




                                                                       (Alok Kumar Sinha, J)
sanjeev/-

U       T

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