Patna High Court

Birendra Kumar @ Bijendra PaswanversusThe State of Bihar

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

Holding

The court held that the facts and gravity of the offences do not justify the grant of anticipatory bail.

Summary

The petitioners, Birendra Kumar and Rikesh Kumar, sought anticipatory bail in connection with a criminal case (PS Case No. 176 of 2024) alleging assault, intrusion, and outraging modesty under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners, along with others, assaulted the informant’s brother and threatened his sister‑in‑law. The petitioners claimed innocence, highlighted a one‑week delay in filing the FIR, and asserted no prior criminal record, arguing the injury was minor and the dispute stemmed from a land issue. The State opposed the bail, emphasizing the specific assault allegations against the petitioners. The court, after considering the nature and gravity of the offences, concluded that the case was not suitable for anticipatory bail and rejected the petition, while indicating that regular bail could be considered if the petitioners surrender within six weeks.

Issues considered

Whether anticipatory bail is appropriate in a case involving offences under Sections 126(2), 115(2), 118(1), 109, 76 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Whether the delay in lodging the FIR and the existence of a land dispute affect the grant of anticipatory bail.
Whether the petitioners' lack of criminal antecedents and the alleged minor nature of injury warrant anticipatory bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 76

Subjects

anticipatory bail
criminal procedure
Bharatiya Nyaya Sanhita
assault
land dispute
bail jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13897 of 2026
                   Arising Out of PS. Case No.-176 Year-2024 Thana- SAMASTIPUR District- Samastipur
                 ======================================================
           1.     Birendra Kumar @ Bijendra Paswan S/O Sukhlal Paswan R/O Ward No.-15,
                  Bahadurpur Town, P.S- Samastipur, Bihar
           2.     Rikesh Kumar S/O Late Mukesh Paswan R/O Ward No.-15, Bahadurpur
                  Town, P.S- Samastipur, Bihar
                                                                     ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajeev Kumar, Advocate
                 For the Opposite Party/s :       Mr.Choubey Jawahar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The petitioners apprehend their arrest in connection

                   with Samastipur Town P.S. Case No. 176 of 2024, instituted for

                   the offences punishable under Sections 126(2), 115(2), 118(1),

                   109, 76 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                               3. The prosecution case, in short, is that, the

                   petitioners along with other co-accused persons assaulted

                   brother of the informant at the instigation of his sister-in-law,

                   Najhat Praveen. It is further alleged that the accused persons

                   intruded in his house and outraged the modesty of his sister-in-

                   law, Rehana and also threatened her.

                               4. Learned counsel for the petitioners submits that the
           Patna High Court CR. MISC. No.13897 of 2026(2) dt.25-02-2026
                                                       2/2




                     petitioners are innocent and have falsely been implicated in the

                     present case. Learned counsel for the petitioners also submits

                     that there is delay of one week in lodging the FIR. There is land

                     dispute between the parties. The nature of injury is said to be

                     simple in nature. It has been submitted on behalf of the

                     petitioners that the petitioners have no criminal antecedents.

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

                     opposed the prayer for grant of bail to the petitioner. He further

                     submitted that specific allegation of assault to the injured is

                     against the petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, nature and gravity of the offence, in my view, this is

                     not a fit case for anticipatory bail.

                                  7. Accordingly, the prayer for grant of anticipatory

                     bail to the petitioners are, hereby, rejected.

                                  8. However, if the petitioner surrenders before the

                     learned court below within a period of six weeks from today and

                     prays for regular bail, the same shall be disposed of on its own

                     merit without being prejudiced by this order.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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