Patna High Court

Ashok Paswan @ Ashok Kumar PaswanversusThe State of Bihar

Decided: 24 March 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioners subject to conditions under Section 482(2) of the B.N.S.

Summary

The petitioners, Ashok Paswan and Shambhu Paswan, sought anticipatory bail fearing arrest in a case involving numerous offences under the B.N.S. The prosecution alleged that the accused, along with many unknown persons, obstructed a road by placing a dead body there and misbehaved with female police personnel. The petitioners contended they were not named in the FIR, the allegations were vague and omnibus, and they had no specific acts attributed to them; one had a prior criminal case on bail, the other had none. The State opposed the anticipatory bail. The Court, noting the general nature of the accusations and the petitioners' non‑identification in the FIR, granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and under Section 482(2) of the B.N.S. S.S., allowing release if arrested within eight weeks.

Issues considered

Whether anticipatory bail can be granted when the petitioners are not specifically named in the FIR and the allegations are general and omnibus
Whether the nature of the offences alleged under the B.N.S. warrants denial of anticipatory bail

Legislation cited

B.N.S. — s. 115(2), 121(1), 121(2), 126(2), 131, 132, 190, 191(2), 223, 293, 351(2), 352, 482(2), 49

Subjects

anticipatory bail
general allegations
FIR
Section 482
criminal procedure
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1255 of 2026

                      Arising Out of PS. Case No.-107 Year-2025 Thana- ROSERA District- Samastipur
                 ======================================================
           1.    Ashok Paswan @ Ashok Kumar Paswan S/o- Laxmi Narayan Paswan
                 Resident of Village- W.No-1, PO PS- Rosera Dist- Samastipur
           2.    Shambhu Paswan @ Shambhu Kumar Raj S/o- Ramata Prasad Paswan
                 Resident of Village- W.No-1, Sharda Nagar, PO PS- Rosera Dist-
                 Samastipur

                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Ms. Mayuri, Advocate
                 For the State            :        Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   24-03-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 191(2),

                   190, 126(2), 115(2), 132, 223, 121(1), 121(2), 293, 131, 352,

                   351(2) and 49 of the B.N.S..

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, along with 40 to 50 unknown

                   persons, obstructed the road by keeping a dead body on the road

                   and also misbehaved with the female police personnel.
Patna High Court CR. MISC. No.1255 of 2026(4) dt.24-03-2026
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                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. Petitioners are not named in the

          F.I.R.. Name of petitioner transpired during investigation.

          Moreover, allegation of protest and misbehaving with the police

          personnel is general and omnibus and no specific accusation of

          overt act has been alleged against these petitioners. Petitioner

          No. 1 has got one criminal antecedent in which he is already on

          bail and Petitioner No. 2 has got no criminal antecedents.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the case

          and general and omnibus nature of accusation, the prayer for

          grant of anticipatory bail to the petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioners be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of learned District and

          Additional Sessions Judge I, Rosera, District- Samastipur in
             Patna High Court CR. MISC. No.1255 of 2026(4) dt.24-03-2026
                                                         3/3




                       connection with Rosera P.S. Case No. 107 of 2025, subject to

                       condition as laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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