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Patna High Court

Harendra Kumar @ Harendra PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail must be granted to the petitioners, subject to the conditions stipulated under Section 438(2) CrPC and Section 482(2) BNSS.

Summary

The petitioners, three brothers, sought anticipatory bail fearing arrest in connection with PS Mali Case No. 95 of 2025, which alleged offences under several sections of the B.N.S. The prosecution alleged that the petitioners participated in assaulting an informant and his son. The petitioners contended that they were falsely implicated, that the allegations were vague, and highlighted their clean antecedents and the grant of bail to similarly situated co‑accused. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, exercised its power under Section 438(2) of the CrPC and Section 482(2) of the BNSS to grant anticipatory bail, subject to strict conditions including bail bonds, sureties, and personal appearance. The order emphasized that any observations made would not affect the trial and the application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the alleged offences.
  • Whether the allegations against the petitioners are sufficient to deny bail.
  • Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) BNSS are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 BNSS
  • false implication
  • assault
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13959 of 2026
                       Arising Out of PS. Case No.-95 Year-2025 Thana- MALI District- Aurangabad
                 ======================================================
           1.     Harendra Kumar @ Harendra Paswan S/o Bijay Paswan R/o Village -
                  Ugnahi, P.S - Mali, District - Aurangabad
           2.    Jitendra Kumar @ Jitendra Paswan S/o Bijay Paswan R/o Village - Ugnahi,
                 P.S - Mali, District - Aurangabad
           3.    Sikandar Kumar @ Sikandar Paswan S/o Bijay Paswan R/o Village -
                 Ugnahi, P.S - Mali, District - Aurangabad

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shailesh Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr.Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   26-02-2026                  Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Mali P.S. Case No. 95 of 2025 dated 24.04.2025 registered

                   for the offences punishable under Sections 127(2), 191(1), 190,

                   118(1), 118(2), 109, 351(2)(3) of the B.N.S.

                                3. As per the prosecution case, altogether 16 persons

                   are said to have initially forced the informant on the ground and

                   thereafter, the Petitioner No. 3, Sikandar Paswan is said to have

                   assaulted him on his leg and also abused him. It is further

                   alleged that other two named accused persons namely, Vijay
Patna High Court CR. MISC. No.13959 of 2026(2) dt.26-02-2026
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          Paswan and Upendra Paswan had abused and had assaulted the

          son of the informant.

                       4. The learned counsel for the petitioners submits that

          the petitioners have falsely been implicated and the entire

          family of the petitioners’ side have been named in the case on

          false and concocted story. It has further been submitted that the

          allegations are general and omnibus in nature and as far as the

          allegation of assault upon the petitioner no. 3 is concerned, the

          same is stated to have been inflicted on the leg of the informant.

          It has lastly been submitted that the petitioners have clean

          antecedent and similarly situated co-accused persons were

          granted bail by this Hon’ble Court vide order dated 15.01.2026

          passed in Cr. Misc. No. 82031 of 2025 which has been brought

          on record by way of Annexure-P/2.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioners.

                       6. Considering the aforesaid submissions made by the

          parties and taking into account the facts and circumstances of

          the case, the petitioners above named, are directed to be released

          on anticipatory bail, in the event of arrest or surrender before the

          Court below within a period of four weeks from today, on

          furnishing       bail-bonds        of      Rs.       10,000/-(Rupees   Ten
Patna High Court CR. MISC. No.13959 of 2026(2) dt.26-02-2026
                                            3/4




          Thousand)each with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor court in connection with Mali P.S. Case No.

          95 of 2025, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure read with

          corresponding Section 482(2) of BNSS as well as subject to the

          following conditions:-

                       (i) One of the bailors will be a close relative of the

          petitioners.

                       (ii) The petitioners shall remain physically present

          before the concerned Court on each and every date of the trial

          and shall cooperate in the investigation.

                       (iii) In case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bonds of the

          petitioners will be liable to be cancelled by the Court concerned.

                       (iv) The trial court shall verify the criminal antecedent

          of the petitioners and in case, at any stage, it is found that the

          petitioners have concealed their criminal antecedents, the trial

          court shall take necessary steps for cancellation of bail bonds of

          the petitioners. However, the acceptance of bail bonds in terms

          of the above mentioned order shall not be delayed for purpose

          of or in the name of verification.
           Patna High Court CR. MISC. No.13959 of 2026(2) dt.26-02-2026
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                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T


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