Patna High Court
Sheru Paswan @ Birendra Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioners subject to conditions under Section 482(2) of the B.N.S.S.
Summary
Sheru Paswan and Nagendra Paswan applied for bail fearing arrest in a case (PS No.174/2025) alleging assault, damage to property and threats under several sections of the B.N.S., 2023. The prosecution alleged that the petitioners attacked an informant, his wife and a rescuer, causing simple injuries and property damage. The petitioners contended that the dispute arose over garbage disposal, the injuries were minor, and they have a clean antecedent, undertaking to maintain peace and cooperate with any future investigation. The State opposed bail, citing the seriousness of the offences. The Court, noting the simplicity of the injuries, the petitioners’ clean record and the undertaking, granted bail subject to a Rs.10,000 bond, sureties, and strict conditions including appearance before the trial court and non‑interference with witnesses. The order emphasizes compliance with Section 482(2) of the B.N.S.S. and outlines grounds for cancellation of bail.
Issues considered
- Whether bail should be granted to the accused despite the nature of the offences alleged under the B.N.S., 2023.
- Whether the petitioners pose a risk of tampering with evidence or influencing witnesses.
- Whether the petitioners’ clean antecedent and the simple nature of injuries justify bail.
Legislation cited
- B.N.S., 2023 — s. 115(2), 117(2), 126(2), 333, 3(5), 351(2), 352
- B.N.S.S. — s. 482(2)
Subjects
- bail
- assault
- criminal procedure
- Section 482(2)
- B.N.S. 2023
- simple injury
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10401 of 2026
Arising Out of PS. Case No.-174 Year-2025 Thana- AMBA District- Aurangabad
======================================================
1. Sheru Paswan @ Birendra Kumar Paswan Son of Kamta Paswan Resident of
Village- Bhaluwari khurd, PS- Amba, District- Aurangabad Bihar
2. Nagendra Paswan Son of kamta Paswan Resident of Village- Bhaluwari
khurd, PS- Amba, District- Aurangabad Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Rupa Kumari, Adv.
For the Opposite Party/s : Mr.Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners are apprehending their arrest in
connection with Amba P.S. Case No. 174 of 2025 dated
27.11.2025 registered for the offence punishable under Sections
126(2), 115(2), 117(2), 333, 352, 351(2), 3(5) of the B.N.S.,
2023.
3. As per prosecution case, the petitioners came at the
shop of the Informant and abused him, assaulted him as also
damaged the roof/top of his shop. When one Vikash Sah
intervened to rescue him, he was also assaulted. It is further
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alleged that while the informant was returning home, the
petitioners again attacked him, and one Sheru Paswan assaulted
the informant’s wife with a bamboo stick. The accused persons
also allegedly threatened the informant with dire consequences.
4. Learned counsel for the petitioners submits that the
dispute has arisen due to discharge of garbage and the injuries,
which is said to have been caused upon the Informant, is found
to be simple in nature and the petitioners are persons of clean
antecedent. Counsel for the petitioners further undertakes that
the petitioners would maintain peace and harmony with the
Informant and his family members and, in case of any such
complaints being raised against him in future before the police,
then the same shall be examined and, on finding substance in
such allegations, the Informant and, as also, the police official
will be at liberty to take appropriate steps for cancellation of
bail of the petitioners.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
6. Considering the fact that the injuries caused upon the
Informant is simple in nature and taking into account the
undertaking given by the counsel for the petitioners as also the
petitioners having no criminal antecedent, let the above named
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petitioners, be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of six
weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Aurangabad in connection with Amba P.S. Case No.
174 of 2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S. as well as the following
conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
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to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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