Created by Fuzzy Cloud

Patna High Court

Chhotan Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to a Rs.30,000 bail bond and conditions prescribed under the BNSS, 2023.

Summary

The petitioner, Chhotan Kumar Paswan, sought anticipatory bail in connection with a FIR alleging offences under Sections 406 and 420 of the IPC, relating to a Rs.10 lakh ransom demand and alleged assault. The prosecution alleged a conspiracy involving the petitioner, while the petitioner claimed innocence, asserting that a dispute with an informant led to false accusations. The petitioner’s counsel highlighted his clean criminal record and willingness to comply with any conditions imposed. The State opposed the bail application. The Court, after considering the facts, granted anticipatory bail subject to a bail bond of Rs.30,000 and specific conditions under the Bail and Non‑Surrendering Statute (BNSS), 2023, including family‑member surety and mandatory court appearances.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the BNSS, 2023 in view of allegations under IPC Sections 406 and 420.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
  • Whether the conditions imposed under Section 2(1)(d) and Section 482(2) of the BNSS, 2023 are sufficient to safeguard the trial process.

Legislation cited

Subjects

  • anticipatory bail
  • IPC 406
  • IPC 420
  • bail bond
  • BNSS 2023
  • criminal procedure
  • pre‑trial release

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10951 of 2026
                 Arising Out of PS. Case No.-357 Year-2022 Thana- CHHATAUNI District- East Champaran
                 ======================================================
                 Chhotan Kumar Paswan S/o Ramdayal Paswan Resident of Village-
                 Govindpur, P.S.- Kalyanpur, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sujeet Kumar, Adv.
                 For the Opposite Party/s :      Mr.Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   12-03-2026                      Heard Learned Counsel for the petitioner and

                   Learned APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Chhatauni P.S. Case No.357 of 2022 lodged on 08.07.2022,

                   for the offences punishable under Sections 406 and 420 of the

                   IPC.

                                3. As per the prosecution, FIR has been lodged against

                   four named accused persons including the present petitioner

                   with allegation that under deep rooted conspiracy, the demand

                   of Rs.10 lacs as ransom was made by the petitioner and earlier

                   also, there is allegation of assault against the accused persons

                   due to which another Chhatauni P.S. Case No.403 of 2021 has

                   been lodged.

                                4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.10951 of 2026(2) dt.12-03-2026
                                            2/3




          petitioner is innocent and has committed no offence. Counsel

          also submits that the allegation made in the FIR, is absolutely

          false and not accepted by the petitioner, but the actual fact is

          otherwise. He further submits that the petitioner is working in

          the company of the informant and money dispute has arisen

          between the company and the petitioner due to which informant

          has implicated the petitioner in the present case.

                       5. Counsel submits that the criminal antecedent of the

          petitioner is clean and in the earlier case, he has not been

          accused. He further submits that the petitioner is ready to fulfill

          all the conditions whatsoever shall be imposed upon him.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       7. As such, in the present facts and circumstances of

          this case, let the above named petitioner be released on

          anticipatory bail, in the event of arrest or surrender before the

          learned Court below within a period of 4 weeks from today, on

          furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

          as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

          satisfaction of C.J.M.-1st Class East Champaran at Motihari in

          connection with Chhatauni P.S. Case No.357 of 2022, subject to

          the conditions as laid down U/s 482(2) of the BNSS, 2023 with
           Patna High Court CR. MISC. No.10951 of 2026(2) dt.12-03-2026
                                                       3/3




                     other following conditions:

                                  (i) one of the bailor should be the family member of

                     the petitioner who shall provide official document to show his

                     bona fide;

                                  (ii) the petitioner 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 his bail

                     bonds by the Trial Court itself.



                                                               (Dr. Anshuman, J)
Prakashmani/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.