Patna High Court
Sudheer Kumar @ Sudheer PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was granted because the FIR appeared to arise from a pre-existing dispute over maintenance charges and the informant had filed multiple cases, indicating a possibility of abuse of process rather than a genuine criminal case.
Summary
The petitioners sought anticipatory bail in Supaul P.S. Case No. 829 of 2022 registered under Sections 341, 323, 307, 354D, 506, and 34 IPC, alleging that on 26.08.2022 they intercepted the informant, tried to pull her into a car, and dragged her by the neck. The petitioners claimed innocence, pointed to a two-day delay in lodging the FIR without explanation, and stated that the dispute arose from the informant's refusal to pay maintenance charges for her flat in Expression Exotica. The informant and her husband had filed multiple cases against the petitioners and their relatives, including Rupaspur P.S. Case Nos. 498/2022, 572/2022, 428/2023, and Complaint Case Nos. 441/2023 and 1066(C)/2025, which the petitioners argued showed abuse of process. The informant opposed the bail, relying on the Sessions Court's refusal of anticipatory bail and the cognizance taken under Sections 341, 323, 324, 354, 506, and 34 IPC. The High Court considered the nature of allegations, the prior dispute over maintenance charges, and the multiple cases filed by the informant and her husband. The Court was inclined to grant anticipatory bail to the petitioners. The petitioners were directed to be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000 each with two sureties, subject to conditions under Section 482(2) of the BNSS, 2023.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in connection with Supaul P.S. Case No. 829 of 2022?
- Whether the delay in lodging the FIR and the absence of motive, coupled with the prior maintenance dispute and multiple cases, indicate false implication and abuse of process?
- Whether the nature of the allegations and the prior dispute justify the grant of pre-arrest bail?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 120B, 307, 323, 324, 34, 341, 354, 354B, 354D, 385, 420, 504, 506, 509
Subjects
- anticipatory bail
- maintenance dispute
- abuse of process
- multiple cases
- delay in FIR
- false implication
- pre-arrest bail
- Section 482 BNSS
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12066 of 2026
Arising Out of PS. Case No.-829 Year-2022 Thana- SUPAUL District- Supaul
======================================================
1. Sudheer Kumar @ Sudheer Paswan Son of Late Naresh Paswan Resident of
Dariyapur, Sabji Bag, Police Station - Pirbahore, District-Patna.
2. Shubankar Raj @ Shubhanker Raj Son of Rajendra Mishra R/o B-306,
Expression Exotica, Gola Raod, P.S. - Rupaspur, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Ranjan
Mr. Himanshu Ranjan
For the Opposite Party/s : Mr.Uday Pratap Singh
For the informant : Mrs. Aditi Medha (in person)
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 30-04-2026 1. Heard the parties.
2. The petitioners apprehend their arrest in connection
with Supaul P.S. Case No. 829 of 2022 (G.R. No. 2047 / 2022)
dated 28.08.2022 registered under Section 341, 323, 307, 354D,
506, 34 of the I.P.C.
3. As per the F.I.R. on 26.08.2022 at 06:30 P.M. when
the informant was returning towards her home, then all the
accused persons including the petitioners intercepted her and
threatened her, to which she resisted, but the petitioners tried to
pull her inside the car. It is further alleged that the informant
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was somehow rescued by her family members but all the
accused persons slapped and abused her. When the informant
again resisted, then the petitioners started dragging her inside
the vehicle by pressing her neck.
4. Learned counsel for the petitioner submits that
petitioners are innocent and they have not committed any
offence in the manner alleged. He further submits that from bare
perusal of the F.I.R. it is evident that the incident took place on
26.08.2022 but the F.I.R. was registered on 28.08.2022 after an
inordinate delay of two days for which no plausible explanation
has been given by the informant. The informant has not
disclosed any motive behind the alleged occurrence. The
petitioner no. 1 is an employee of M/s Expression Buildtech Pvt.
Ltd. and the petitioner no. 2 is the Director of the aforesaid
company.
5. The informant is one of the residents of Expression
Exotica, a multistoried residential cum commercial apartment in
Gola Road. The informant and her husband purchased Flat No.
A-501 in the said residential complex vide registered sale deed
dated 12.05.2022 and as per the terms of the sale deed as well as
regulations made by the Apartment Owners Association every
flat owner is required to pay maintenance charge for the
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amenities availed by him however the informant and her
husband refused to pay such charges which led to dispute
between the parties.
6. The informant and her husband filed Rupaspur P.S.
Case No. 498 / 2022 registered under Section 341, 323, 420,
385, 307, 504, 506, 120(B) of the I.P.C. against the uncle of the
petitioner no. 2. The husband of the informant filed Rupaspur
P.S. Case No. 572 / 2022 for offence under Section 385, 504,
506 / 34 of the I.P.C. against the petitioner no. 1 and others. The
present informant filed Complaint Case No. 441 / 2023 before
the C.J.M., Supaul against petitioner no. 1, his uncle, brother
and one of the relatives namely Raj Bharti. The informant
thereafter filed Complaint Case No. 1066(C) / 2025 before
ACJM-I, Danapur against Mithlesh Kumar i.e. uncle of the
petitioner no. 2 and Mrs. Pallav Jha i.e. Secretary of the
Resident Association stating therein that they have again
demanded maintenance from her and when she denied she was
threatened by them. The informant has also instituted Rupaspur
P.S. Case No. 428 / 2023 under Section 341, 323, 354B, 504,
506, 509 / 34 of the I.P.C. against some of the residents of the
apartment who resented the non payment of maintenance
amount by the informant. Thus, it is very much clear that the
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informant and her husband are in the habit of making abuse of
the process of the court in order to harass and pressurize the
petitioners and others who refuse to follow their dictates
inasmuch as they have already filed six cases including the
present one against the petitioners and their relatives.
7. On the other hand, the informant (in person) has
vehemently opposed the prayer for anticipatory bail and submits
that from perusal of the order refusing anticipatory bail passed
by learned Additional Sessions Judge-I, Supaul in A.B.A. No.
1618 / 2025 it has come that cognizance of offence under
Section 341, 323, 324, 354, 506 / 34 of the I.P.C. has already
been taken against the petitioners.
8. Regard being had to the submission made by the
parties, taking into consideration the nature of allegation, the
fact that there is previous dispute relating to payment of
maintenance charge for the amenities availed by the flat owner,
the informant and her husband have filed multiple cases ,
accordingly, I am inclined to grant anticipatory bail to the
petitioners.
9. Let the petitioners, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
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furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Supaul in connection with
Supaul P.S. Case No. 829 of 2022 subject to the condition as
laid down under Section 482 (2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
U T
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