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Patna High Court

Manish Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.12392 of 2026(3) dt.25-02-2026
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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.
Patna High Court CR. MISC. No.12392 of 2026(3) dt.25-02-2026
                                            3/4




                       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
           Patna High Court CR. MISC. No.12392 of 2026(3) dt.25-02-2026
                                                       4/4




                     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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