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Patna High Court

Ajay PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.11791 of 2026(2) dt.26-02-2026
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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
Patna High Court CR. MISC. No.11791 of 2026(2) dt.26-02-2026
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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.
            Patna High Court CR. MISC. No.11791 of 2026(2) dt.26-02-2026
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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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