Patna High Court
Harendra Kumar @ Harendra PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- B.N.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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.
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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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