Patna High Court
Deependra Passwan @ Deependra Kumar @ Dipendar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioners are entitled to pre‑arrest bail.
Summary
The petitioners, Deependra Passwan and Omprakash Majhi, applied for pre‑arrest bail in a case (Mairwa PS Case No. 434/2025) alleging assault on the informant’s son and the informant herself. They claimed innocence, alleging the FIR was filed due to a land dispute and that the injuries were minor. The State opposed the bail. The court noted the petitioners’ clean antecedents and the simple nature of the injuries, finding a prima facie case for bail. Accordingly, the court ordered their release on pre‑arrest bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the BNSS and verification of any other criminal antecedents. The order also stipulated that the bail would lapse if further criminal involvement is discovered.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail under Section 482(2) of the BNSS given the allegations of assault and the nature of injuries.
Subjects
- pre‑arrest bail
- Section 482
- criminal procedure
- simple injury
- land dispute
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10631 of 2026
Arising Out of PS. Case No.-434 Year-2025 Thana- MAIRWAN District- Siwan
======================================================
1. Deependra Passwan @ Deependra Kumar @ Dipendar Kumar, aged about
20 years, Gender-male, son of Hareram Manjhi
2. Omprakash Majhi, aged about 51 years, Gender-male, Son of Lakshman
Manjhi
All are Resident Of Village- Titra Police Station- Mairwa District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shambhu Prasad Yadav, Advocate
For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 12-03-2026 Heard Mr. Shambhu Prasad Yadav, learned counsel
appearing on behalf of the petitioners and Mr. Pramod Kumar
Pandey, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Mairwa P.S. Case No. 434/2025 registered for the
offence(s) punishable under Sections
126(2),115(2),126(1),329(3),109,3(5), of the BNS.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioners assaulted the
son of the informant on his head, causing injury to him and
when the informant came to his rescue, the accused persons tore
her clothes and also assaulted her with a lathi with an intention
to kill her.
Patna High Court CR. MISC. No.10631 of 2026(2) dt.12-03-2026
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4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and have
falsely been implicated in the present case due to land dispute.
Learned counsel further submitted that specific information has
been given in paragraph no.10 of the petition that the petitioners
and informant are agnates and next door neighbour. The injury
sustained by the informant and her son is simple in nature and
the said fact has also come in the impugned order. Petitioners
have clean antecedent. On these grounds, petitioners seek to be
released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and also the fact that the injury sustained by
the informant and her son is simple in nature, I am of the
opinion that petitioners, who are having clean antecedents,
have, prima facie, made out a case to be released on pre-arrest
bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
Patna High Court CR. MISC. No.10631 of 2026(2) dt.12-03-2026
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four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate V- Siwan / Concerned Court in connection with
Mairwa P.S. Case No. 434/2025, subject to the conditions as laid
down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners and if it is found
that the petitioners are involved in some other cases, as
what has been stated in paragraph no.3 of the bail
application, this order will automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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