Patna High Court

Pawan KumarversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The Court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.

Summary

Pawan Kumar was arrested in connection with PS‑Jahanabad Case No.205 of 2025 for alleged assault under sections 126(2), 115(2), 352, 110 and 117(2) of the Bharatiya Nyaya Sanhita, 2023. The FIR states that the petitioner and another accused demanded the informant to play Holi; on refusal, they allegedly assaulted him with a lathi, causing a head injury and a fracture of the right elbow. The petitioner contended that he was falsely implicated over a trivial dispute, had no prior criminal record, and had been in custody since 9 December 2025, while the co‑accused had already been granted anticipatory bail. The State opposed the bail application. After considering the FIR, the injury report, the petitioner’s clean record and the period of custody, the Court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023.
Whether the petitioner’s lack of criminal antecedent and the circumstances of the alleged incident justify bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 110, 115(2), 117(2), 126(2), 352

Subjects

regular bail
assault
Bharatiya Nyaya Sanhita
criminal procedure
no criminal antecedent
injury report
anticipatory bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13396 of 2026
                    Arising Out of PS. Case No.-205 Year-2025 Thana- JAHANABAD District- Jehanabad
                 ======================================================
                 Pawan Kumar, S/o Shyamdev Paswan @ Samdev Paswan, R/o Village-
                 Makhdumpur, PS- Jahanabad Town, District- Jehanabad
                                                                          ... ... Petitioner/s
                                               Versus
                 The State of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kunwar Digvijay Singh, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Jehanabad P.S. Case

                   no.205 of 2025, registered under sections 126(2), 115(2), 352,

                   110 and 117(2) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the informant states

                   that the two accused persons including the petitioner herein

                   came and started asking him to play holi. On the informant’s

                   refusal, they started to abuse and force him and in the process

                   the accused are said to have assaulted the informant with a lathi

                   on his head causing serious injuries.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case over a trivial

                   dispute over playing of holi which would be evident from the

                   contents of the F.I.R. itself. Referring to the copy of the injury
            Patna High Court CR. MISC. No.13396 of 2026(2) dt.12-03-2026
                                                        2/2




                      report at Annexure-3 to the petition as also which finds mention

                      in the order of the learned trial Court it is submitted that though

                      a corresponding injury has been on the head, however the injury

                      has been opined to be grievous in nature due to fracture of the

                      right elbow. The co-accused Vineshwar Paswan has been

                      enlarged on anticipatory bail vide order dated 17.10.2025

                      (Annexure-1) passed in Cr. Misc. no.44299 of 2025. The

                      petitioner is in custody since 9.12.2025 and has no criminal

                      antecedent.

                                   5. The application for bail is opposed by learned

                      A.P.P. for the State.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the allegations against the petitioner in

                      the F.I.R., the contents of the injury report, the petitioner having

                      remained in custody since 9.12.2025 and not having any

                      criminal antecedent, the petitioner is directed to be enlarged on

                      bail in connection with Jehanabad P.S. Case no.205 of 2025, on

                      furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                      two sureties of the like amount each to the satisfaction of the

                      learned Chief Judicial Magistrate, Jehanabad.


                                                       (Partha Sarthy, J)
avinash/-
U       T

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