Patna High Court
Niraj Paswan @ Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioners subject to a bond and specified conditions under the BNSS, 2023.
Summary
The petitioners, Niraj Paswan and Madan Paswan, applied for anticipatory bail in connection with FIR No. 252 of 2023, which alleged offences under Sections 147, 149, 341, 342, 323, 308, 504 and 506 of the Indian Penal Code for entering an informant’s house and assaulting with lathi and danda. They contended that they were innocent, the FIR was general and omnibus, the injuries were simple, and that similarly situated accused had previously been granted bail. The State opposed the bail but also acknowledged the general nature of the allegations. The Court, after considering the facts, granted anticipatory bail for a period of four weeks, subject to a Rs.30,000 bail bond under Section 2(1)(d) of the Bihar Non‑Contagious Substances (BNSS) Act, 2023 and conditions prescribed under Section 482(2) of the same Act. The order imposed conditions such as a family surety, regular appearance before the trial court, monthly police attendance, abstention from further offences, and verification of criminal antecedents, with provision for cancellation upon breach.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the FIR.
- Whether the allegations in the FIR are sufficiently specific to deny bail.
- Whether the conditions imposed under the BNSS, 2023 are appropriate for anticipatory bail.
Legislation cited
- Indian Penal Code — s. 147, 149, 308, 323, 341, 342, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Bihar Non‑Contagious Substances Act
- general and omnibus FIR
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12513 of 2026
Arising Out of PS. Case No.-252 Year-2023 Thana- BARACHATTI District- Gaya
======================================================
1. Niraj Paswan @ Niraj Kumar S/O Madan Paswan Village- Sundar
Kumahari, P.S.- Barachatti, Dist- Gaya
2. Madan Paswan S/O late Gopal Paswan Village- Sundar Kumahari, P.S.-
Barachatti, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners are apprehending arrest in
connection with Barachatti P.S. Case No. 252 of 2023, dated
08.03.2023, lodged under Sections 147, 149, 341, 342, 323, 308,
504 and 506 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged
against nine named accused persons, including the present
petitioners, alleging that they entered into the house of the
informant and assaulted them by means of lathi and danda, due
to which injuries have been sustained by the informant’s side.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Patna High Court CR. MISC. No.12513 of 2026(2) dt.12-03-2026
2/3
Counsel further submits that the petitioners have falsely been
implicated in this case. Counsel further submits that the
allegations in the FIR are general and omnibus in nature.
Counsel further submits that from the injury report, it becomes
crystal clear that the injuries sustained are simple in nature.
Counsel further submits that similarly situated persons have
already been granted bail by the co-ordinate Bench of this Court
vide order dated 11.08.2025 passed in Cr. Misc. No. 51051 of
2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioners but fairly submits that the allegations are
general and omnibus in nature.
6. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of A.C.J.M.-IInd, Sherghati at Gaya, in connection
with Barachatti P.S. Case No. 252 of 2023, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023 with
further condition/s:-
Patna High Court CR. MISC. No.12513 of 2026(2) dt.12-03-2026
3/3
(i) one of the bailor should be the family member of
the petitioners who shall provide official document to show his
bona fide;
(ii) the petitioners 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 bail
bonds by the Trial Court itself;
(iii) the petitioners shall appear before the concerned
police station every month for one year to mark attendance;
(iv) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of the bail bonds;
(v) The Trial Court is hereby directed to verify the
criminal antecedents of the petitioners, and in case it is found at
any stage that the petitioners have concealed their criminal
antecedents, the Trial Court shall take steps for cancellation of
the petitioners’ bail bond. However, the acceptance of the bail
bond in terms of the above-mentioned order shall not be delayed
for the purpose of or in the name of verification.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
Checking your session…