Patna High Court
Bali PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to the petitioners subject to bond and conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Bali Paswan, Shadhu Paswan and Chhotelal Paswan, were implicated in a 2017 case alleging assault with intent to kill under multiple IPC sections. They claimed innocence, stating the dispute arose from a land conflict resulting in a case and counter‑case, with injuries not to vital parts and clean criminal records. The State opposed pre‑arrest bail, while the petitioners sought release pending trial. The court considered the nature of the dispute, the non‑vital injuries, and the petitioners' clean antecedents, and directed that they be released on pre‑arrest bail if arrested, subject to a bond and sureties. The order is conditioned on verification of any other criminal antecedents, after which it may be vacated.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite charges under Sections 147, 148, 149, 447, 323, 325, 307, 504 and 506 of the IPC
- Whether the existence of a land dispute and case‑counter‑case scenario justifies bail
- Whether the nature of injuries and clean antecedents warrant bail
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 307, 323, 325, 447, 504, 506
Subjects
- pre‑arrest bail
- Indian Penal Code
- Section 482
- land dispute
- case and counter case
- clean antecedents
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10794 of 2026
Arising Out of PS. Case No.-308 Year-2017 Thana- TURKAULIYA District- East
Champaran
======================================================
1. Bali Paswan S/o Ganesh Paswan
2. Shadhu Paswan S/o Shiv Sunder Paswan
3. Chhotelal Paswan @ Chhotelal Hajra S/o Roshan Paswan
All are R/o Village - Madhopur Katahariya, P.S - Turkauliya, District - East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhannjay Kumar II, Advocate
For the Opposite Party/s : Mr.Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 23-04-2026 Heard Mr. Dhannjay Kumar II, learned counsel
appearing on behalf of the petitioner and Mr. Ram Priya Sharan
Singh, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Turkauliya P.S. Case No. 308 of 2017 registered for the
offence(s) punishable under Sections 147, 148, 149, 447, 323,
325, 307, 504 and 506 of the Indian Penal Code.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioners assaulted the
informant and his family members, with an intention to kill,
causing injuries.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.10794 of 2026(3) dt.23-04-2026
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petitioners submitted that petitioners are innocent and have
falsely been implicated in the present case. The petitioners and
informant side are gotia and they indulged into free fight due to
admitted land dispute and for the same, there is case and
counter case between the parties, in which both the sides
sustained injuries. The injury attribuatble to the petitioners is not
on the vital part of the body of the injured. Petitioners have
clean antecedents. On these grounds, the 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 heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR and the fact that there is case and counter case between
the parties and the injuries attributable to the petitioners being
not on the vital part of the body, the petitioners, above named,
who are having clean antecedents, 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 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 C.J.M., Motihari, East Champaran at
Patna High Court CR. MISC. No.10794 of 2026(3) dt.23-04-2026
3/3
Motihari / Concerned Court in connection with Turkauliya P.S.
Case No. 308 of 2017, 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 petitioner and if it is found
that the petitioner is 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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