Patna High Court

Vikash Paswan @ Vikash KumarversusThe State of Bihar

Decided: 25 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

The court held that bail could not be granted as there is a specific allegation of assault on the deceased, rendering the petition untenable.

Summary

Vikash Paswan applied for anticipatory bail in a case registered as Haspura P.S. Case No. 77 of 2025, which alleges his involvement in multiple offences under the Bharatiya Nyaya Sanhita, 2023, including assault and homicide. The prosecution alleges that a group of 33 persons, including the petitioner, assaulted the family of an informant, leading to the death of Chandradeep Bhagat. The petitioner contended that he was falsely implicated, has a single prior criminal antecedent, and that the charges are fabricated. The State and the informant opposed bail, emphasizing a direct allegation that the petitioner assaulted the deceased, contributing to his death. The court, noting the specific allegation of assault and the seriousness of the offences, declined to grant bail at this stage. Consequently, the petition for bail was rejected.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023
Whether the specific allegation of assault on the deceased justifies denial of bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109(1), 115(2), 117(2), 126(2), 190, 191(2), 191(3), 303(2), 76

Subjects

anticipatory bail
bail denial
assault
homicide
Bharatiya Nyaya Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13718 of 2026
                     Arising Out of PS. Case No.-77 Year-2025 Thana- HASPURA District- Aurangabad
                 ======================================================
                 Vikash Paswan @ Vikash Kumar S/O Late Sikendar Paswan R/O village-
                 Chanhat, P.S.- Haspura, District- Aurangabad


                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Anand, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar Pandey, APP
                 For the Informant        :       Ms. Nitee Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Haspura P.S. Case No. 77 of 2025 instituted for the offence

                   under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2),

                   109(1), 103(1), 76 & 303(2) of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. The case of the prosecution is that altogether 33

                   persons named in the FIR have assaulted the family members of

                   the informant due to which one Chandradeep Bhagat died.

                                4. Earlier, vide order dated 29.08.2025 passed in Cr.

                   Misc. No. 53119 of 2025, the prayer of the petitioner for grant
Patna High Court CR. MISC. No.13718 of 2026(2) dt.25-02-2026
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          of anticipatory bail was rejected by a coordinate Bench of this

          Court.

                      5. Learned counsel for the petitioner submitted that the

          petitioner is innocent and has falsely been implicated in the

          present case and the entire prosecution case is false and

          fabricated. Learned counsel for the petitioner submitted that

          general and omnibus allegation has been made against the

          petitioner. It has been submitted on behalf of the petitioner that

          the petitioner is in custody since 13.11.2025 and has one

          criminal antecedent.

                      6. Learned A.P.P. for the State and learned counsel for

          the informant vehemently opposed the prayer for grant of bail to

          the petitioner stating that there is direct allegation against the

          petitioner that he assaulted the deceased and one Suresh due to

          which they sustained injuries and during the course of treatment,

          Chandradeep (deceased) succumbed to injuries. Learned APP

          and learned counsel for the informant jointly prayed that

          petitioner does not deserve to be released on bail.

                       7. Considering the aforesaid facts and circumstances

          of the case as also there being specific allegation against the

          petitioner of assaulting the deceased, this Court is not inclined

          to grant bail to the petitioner at this stage.
           Patna High Court CR. MISC. No.13718 of 2026(2) dt.25-02-2026
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                                  8. Accordingly, the prayer for grant of bail to the

                     petitioner is, hereby, rejected.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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