Patna High Court
Ajay PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioners, subject to strict conditions, finding no sufficient ground to deny bail.
Summary
The petitioners, Ajay Paswan and his son Nishu Kumar Paswan, applied for anticipatory bail in connection with a criminal case (Sikti P.S. Case No. 169 of 2025) alleging offences under multiple sections of the Bharatiya Nyaya Sanhita. The prosecution alleges that Nishu photographed the informant’s daughter, posted it on social media with a vulgar song, and subsequently, the accused group assaulted the informant and others with weapons, causing grievous and simple injuries. The petitioners contend that they have been falsely implicated, that the incident was a spontaneous dispute initiated by the informant, and that they have no intent to assault, although they admit to having prior criminal antecedents. The State opposed the anticipatory bail, arguing the seriousness of the offences. The High Court, after considering the submissions, granted anticipatory bail subject to a cash bond of Rs.10,000 each, two sureties, and several conditions, including attendance in court and verification of criminal antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita.
- Whether the presence of prior criminal antecedents bars the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 303(2), 351(2), 352, 482, 76, 77
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- social media offence
- false implication
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11791 of 2026
Arising Out of PS. Case No.-169 Year-2025 Thana- SIKTI District- Araria
======================================================
1. Ajay Paswan Son of Late Laxman Paswan Resident Of Village -Dithora,
Ward No 14, Panchayat -Majarakh Police Station- Sikty District- Araria
2. Nishu Kumar Paswan Son of Ajay Paswan Resident Of Village -Dithora,
Ward No 14, Panchayat -Majarakh Police Station- Sikty District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in connection with Sikti P.S. Case No. 169 of 2025
instituted for the offences punishable under Sections 76, 77,
115(2), 118(1), 109, 191(2), 190, 351(2), 352, 126(2) and 303(2)
of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the informant had
alleged that the accused Nishu Kumar Paswan had taken a
photograph of his daughter and had uploaded the same on social
media along with vulgar song, upon which when the accused
was confronted, it is alleged that all the 12 named accused
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persons armed with lathi, danda, iron rod etc. attacked the
informant and even threatened of dire consequences. It is
alleged that the accused persons assaulted Niraj Kumar,
Rambilash Paswan and Sonu Kumar and there is specific
allegation that the petitioner no. 2, Nishu Kumar Paswan
assaulted Rambilash Paswan with sharp weapon.
4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated and no such incident, as
alleged, has occurred. It has further been submitted that all the
family members have been named with general and omnibus
allegations and there is allegation upon all the accused persons
to have assaulted the injured Niraj Kumar Paswan, who had
suffered three injuries; one was found to be grievous while the
two others were found to be simple in nature. The injuries
sustained by Sonu Kumar and Rambilash Paswan were found to
be simple in nature. It has further been submitted that the
occurrence had taken place at the spur of the moment on
account of some dispute and therefore, there was no intention on
behalf of the petitioners of any assault and, in fact, it was the
informant, who was the aggressor. It has lastly been submitted
that the petitioners have criminal antecedents.
5. Learned APP appearing on behalf of the State has
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vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioners are
directed to be released on bail, in the event of their arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
their furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate-First Class, Araria
in connection with Sikti P.S. Case No. 169 of 2025, subject to
the conditions as laid down under Section 482 of the BNSS and
subject to the following conditions:-
(i) One of the bailors will be a
close relative of the petitioners and the other
shall be a local resident:
(ii) the petitioners will remain
present on each and every date fixed by the
Court below, if so required by the learned
Trial Court;
(iii) in case of absence on two
consecutive dates or in violation of the terms
of the bail, the bail bonds of the petitioners
will liable to be cancelled by the Court
concerned;
(iv) the Court below shall verify
the criminal antecedent of the petitioners and
in case at any stage, it is found that they have
concealed their criminal antecedents, the
court below shall take step for cancellation
of bail bonds of the petitioners. However, the
acceptance of bail bonds in terms of the
above mentioned order shall not be delayed
for purpose of the same on in the name of
verification.
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7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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