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Patna High Court

Bali PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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