Patna High Court
Sonelal PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, Sonelal Paswan and Shravan Paswan, sought anticipatory bail fearing arrest in a case (PS No. 427/2025) alleging assault causing head injury under sections 126(2), 115(2), 352, 109(1) and 3(5) of the Bihar Narcotic Substances Act, 2023. The prosecution alleged that the petitioners struck the informant during a land dispute. The petitioners argued they have no prior criminal record, the injury was simple, and they were willing to pay Rs 5,000 to the informant as compensation. The State opposed the bail, citing the seriousness of assault. The Court, noting the lack of antecedents, the minor nature of injury, and the existence of a counter‑case, granted anticipatory bail with conditions including a payment of Rs 5,000, surrender within four weeks, a bail bond of Rs 10,000 with two sureties, and compliance with Section 438(2) of the Cr.P.C. requirements such as regular court appearances and non‑tampering with evidence.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438(2) of the Criminal Procedure Code in view of the alleged assault and the circumstances of the case.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 115(2), 126(2), 3(5), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- assault
- criminal antecedent
- Bihar Narcotic Substances Act
- bail conditions
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12885 of 2026
Arising Out of PS. Case No.-427 Year-2025 Thana- ASHTHAWAN District- Nalanda
======================================================
1. Sonelal Paswan S/o Late Lala Paswan @ Lala Das R/o Village - Chulihari,
P.S - Asthawan, District - Nalanda
2. Shravan Paswan @ Shravan Lal Paswan S/o Late Lala Paswan @ Lala Das
R/o Village - Chulihari, P.S - Asthawan, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Adv.
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 26-02-2026 Heard, Mr. Birendra Kumar, learned Counsel for
the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Asthawan P.S. Case No. 427 of 2025 for the offence
registered under sections 126(2), 115(2), 352, 109(1), 3(5) of
BNS, 2023.
3. As per the prosecution story, on a petty land
dispute, allegation is that this petitioner gave blow on the head
of the informant causing injury. This led to the FIR.
4. Learned Counsel for the petitioners submit that he
do not have criminal antecedent, the injury has been found to be
simple in nature, there is case and counter case, both sides have
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suffered. Further, the submission is that without accepting the
allegation and/or the outcome of the present petition in view of
the fact that the informant side has alleged injuries, the
petitioner on its own would like to contribute towards the
medical assistance of Rs. 5,000/- through Demand Draft issued
by the local branch of the State Bank of India/any Nationalized
Bank to be submitted before the ‘NAZARAT’ of concerned
Court to be handed over to the informant after checking the
credentials.
5. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail submitting that the
allegation is of assault on the head.
6. Considering the submissions of the parties as also
that the petitioner has no criminal antecedent and the injury is
simple in nature, there is case and counter case, in that
background, this Court is inclined to grant them the anticipatory
bail with conditions subject to payment of Rs. 5,000/- to the
informant as undertaken by the learned counsel for the
petitioners to be paid by Demand Draft of local branch of the
State Bank of India/any Nationalized Bank to be submitted to
the Trial Court.
7. Let the petitioners in the event of arrest or
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surrender within a period of four weeks from the date of receipt
of the order, shall be released on anticipatory bail on furnishing
bail of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate First Class, Biharsharif, Nalanda in connection with
Asthawan P.S. Case No. 427 of 2025 subject to condition as
laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioners, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
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
bond by the Trial court itself;
(iii) the petitioners shall appear before the concerned
police station every month for next six months to mark
attendance and at the end of the period, the certificate be
submitted to the Court;
(iv) the petitioners 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
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cancellation of the bail bonds;
(v) 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.
(Rajiv Roy, J)
Vijay Singh/-
U
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