Patna High Court
Manish Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioners subject to prescribed conditions.
Summary
Manish Kumar Paswan and Chandani Devi applied for anticipatory bail in connection with FIR No.468/2025 alleging they dumped dust on a road and assaulted an informant and his son. The prosecution alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023, while the petitioners contended that the FIR was vague, both parties had sustained injuries, and they were innocent. The petitioners highlighted a clean antecedent for the first petitioner and a single prior case for the second, who was already on bail. The State opposed the bail, but the court, considering the case‑counter‑case scenario and the petitioners' antecedents, decided to grant anticipatory bail. The order directed a bail bond of Rs.10,000 with two sureties and imposed conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Code of Criminal Procedure and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
- Whether the FIR contains specific allegations sufficient to deny anticipatory bail.
- Whether the petitioners' antecedents and the existence of a case‑counter‑case affect the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 3(5), 351(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- Section 482 Bhartiya Nagarik Suraksha Sanhita
- criminal assault
- dust dumping
- bail conditions
- Bhagalpur
- Pirpainti
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12392 of 2026
Arising Out of PS. Case No.-468 Year-2025 Thana- PIRPAINTI District- Bhagalpur
======================================================
1. Manish Kumar Paswan S/o- Amik Paswan Resident of Village- Olapur PS-
Pirpainti, Dist- Bhagalpur
2. Chandani Devi @ Anjana Devi W/o- Amik Paswan Resident of Village-
Olapur PS- Pirpainti, Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar No.6, Advocate
For the Opposite Party/s : Mr.Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 25-02-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Pirpainti P.S. Case No.468 of 2025, F.I.R dated
18.10.2025 registered for the offences punishable under
Sections 191(2), 190, 126(2), 115(2), 109, 352, 351(2) and 3(5)
of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 18.10.2025 at
about 6:00 A.M., the petitioner and other accused were allegedly
dumping dust (“Gardi”) on the road forcibly. When the
informant, Mahesh Paswan, objected, they assaulted him with
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lathi-danda, causing head injuries. His son, who intervened, was
also assaulted and sustained head injuries.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. It has next been submitted that there is no specific
allegations levelled in the F.I.R. rather the allegations are
general and omnibus and there is case and counter case and both
the parties have sustained injuries and the injuries sustained by
the family members of the petitioners, is annexed as Annexure-
P5 series while the injuries sustained by the informant are
simple in nature, which is annexed as Annexure-P2. Lastly, it
has been submitted that the petitioner No.1 has clean antecedent
while petitioner No.2 has one criminal antecedent but is on bail
in the said case.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that there is case and counter case and both the parties have
sustained injuries and the petitioner No.1 has clean antecedent
while petitioner No.2 has one criminal antecedent but is on bail
in the said case. Accordingly, this Court is inclined to grant the
privilege of anticipatory bail to the petitioners.
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7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned C.J.M., Bhagalpur, in connection with Pirpainti P.S.
Case No.468 of 2025, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure /
Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and
with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) 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/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
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criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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