Patna High Court
Asharfi Paswan @ Asarfi PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioners, ordering their release upon furnishing the prescribed bond and sureties.
Summary
The petitioners, Asharfi Paswan and Bambam Paswan, were arrested in connection with a case registered on 27 September 2025 for offences under Sections 126(2), 115(2), 352, 109(1), 191(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that a group of accused, including the petitioners, formed an unlawful assembly, assaulted the informant's son and others with lathis, rods and other weapons, and caused injuries while also damaging property. The petitioners applied for bail, contending that Asharfi Paswan had no specific allegation of assault against him and that the injury to Bambam Paswan’s alleged victim was simple, as per the doctor’s opinion. The State opposed bail, citing the seriousness of the offences. After considering the facts, the court found insufficient grounds to keep the petitioners in custody and ordered their release on bail with a bond of Rs.10,000 each and two sureties, subject to the satisfaction of the Judicial Magistrate. The order effectively granted bail to both petitioners.
Issues considered
- Whether bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023 for the alleged offences.
- Whether there is sufficient evidence linking Asharfi Paswan to the alleged assault.
- Whether the nature and severity of the alleged injuries justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 191(2), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- unlawful assembly
- Bharatiya Nyaya Sanhita
- Sections 126, 115, 352, 109, 191, 351
- Bihar High Court
- Patna
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11389 of 2026
Arising Out of PS. Case No.-108 Year-2025 Thana- GADHPURA District- Begusarai
======================================================
1. Asharfi Paswan @ Asarfi Paswan, S/o Late Teko Paswan @ Teko Paswan,
R/o Village- Bhanshi (Bhansi), P.S.- Gadhpura (Garhpura), District-
Begusarai.
2. Bambam Paswan, S/o Asharfi Paswan @ Asarfi Paswan, R/o Village-
Bhanshi (Bhansi), P.S.- Gadhpura (Garhpura), District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Adv.
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners seek bail in connection with Gadhpura
(Garhpura) P.S. Case No. 108 of 2025 dated 27.09.2025
registered for the offence punishable under Sections 126(2),
115(2), 352, 109(1), 191(2), 351(2) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in brief, is that on the alleged
date of occurrence at about 06:00 pm, the informant's son
Pranjal Singh had gone to purchase puja items and while on the
way, Pranjal telephonically informed the informant that some
persons were stopping him near Bhansi, Durga Asthan and
Patna High Court CR. MISC. No.11389 of 2026(2) dt.26-02-2026
2/3
abusing him. Thereupon, the informant along with Amit Raj
reached the place of occurrence and found other co-accused
persons alongwith the petitioners forming an unlawful assembly,
abusing and assaulting the informant's son. When the informant
and Amit Raj intervened to rescue him, the said accused persons
assaulted them with lathi, danda and other weapons. Accused
Chandan Paswan struck the Amit Raj on his head with lathi
causing severe injuries and he fall down. When Dheeraj Mahto
came to intervene, accused Bambam Paswan assaulted him with
an iron rod causing severe injuries and Dheeraj fell down. Upon
raising an alarm by the informant, local people assembled at the
P.O., whereupon, the accused persons fled away after damaging
three motorcycles. While fleeing, accused Avinash Kumar also
snatched away a gold chain from the person of the informant.
The incident occurred because the accused were standing on the
road in front of the school gate and were harassing girl student.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
case. It is submitted that there is no allegation of assault against
petitioner no. 1, namely, Asharfi Paswan. There is specific
allegation against petitioner no. 2, namely, Bambam Paswan,
that he assaulted with iron rod on the head of Dheeraj
Patna High Court CR. MISC. No.11389 of 2026(2) dt.26-02-2026
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Kumar(son of the informant), who sustained injury. It is further
submitted that the doctor has opined that the nature of injury as
simple. The petitioners are in custody since 08.12.2025,
Petitioner No. 1 has two criminal cases against him and
Petitioner No. 2 has one criminal case against him but he has
already been acquitted in the said case and charge-sheet has
been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail
of the petitioners.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioners be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned J.M.-Ist Class,
Begusarai in connection with Gadhpura (Garhpura) P.S. Case
No. 108 of 2025.
(Khatim Reza, J)
prabhat/-
U T
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