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Patna High Court

Ram Subhag Paswan @ Samsubhag PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court rejected the anticipatory bail application, denying bail to the petitioners.

Summary

The petitioners, Ram Subhag Paswan and Rooplal Paswan, sought anticipatory bail fearing arrest in connection with a land‑dispute case (Obra PS Case No. 387 of 2025) involving offences under several sections of the Bihar Negotiable Instruments Act, 2023. The prosecution alleged that the informant was assaulted by the petitioners, resulting in grievous injury to Nandlal Ram. The petitioner’s counsel withdrew the anticipatory bail application for Rooplal Paswan after his arrest, and argued that there is a case‑and‑counter‑case with injuries on both sides. The State’s counsel highlighted the petitioner’s criminal antecedent and the seriousness of the injury, contending that bail should not be granted. The Court, after considering the submissions and the nature of the injury, rejected the anticipatory bail application, directing that if the petitioner surrenders within four weeks, the matter will be taken up for disposal. The order effectively denies bail pending surrender.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in view of the alleged offences and the seriousness of the injury inflicted.
  • Whether the withdrawal of the anticipatory bail application by the petitioner affects the Court's discretion to grant bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • grievous injury
  • land dispute
  • withdrawal of application
  • Bihar criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14085 of 2026
                       Arising Out of PS. Case No.-387 Year-2025 Thana- OBRA District- Aurangabad
                 ======================================================
           1.     Ram Subhag Paswan @ Samsubhag Paswan S/O Naurang Paswan
                  (Incorrectly typed in FIR as Maurang Paswan) R/O Vill.- Sonhuli, P.S. Obra,
                  Dist.- Aurangabad.
           2.    Rooplal Paswan S/O Krishna Paswan R/O Vill.- Sonhuli, P.S. Obra, Dist.-
                 Aurangabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Aman Vishal, Adv.
                 For the Opposite Party/s :        Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   24-06-2026                     Learned counsel for the petitioner prays for and is

                   allowed to withdraw the anticipatory bail application of petitioner

                   no. 2, Rooplal Paswan on the ground that he has been arrested.

                                2. Accordingly, the anticipatory bail application of

                   petitioner no. 2, Rooplal Paswan is rejected as withdrawn.

                                3. Heard Mrs. Leelawati Kumari, learned counsel for

                   the petitioner and the State.

                                4. The petitioner apprehends his arrest in connection

                   with Obra P.S. Case No. 387 of 2025 for the offence registered

                   under sections 190, 191(2), 115(2), 126(2), 117(2), 109(1), 352,

                   351(2), 74 of the BNS, 2023.

                                5. As per the prosecution story, the lady informant

                   alleged that the named accused persons armed variously came and
           Patna High Court CR. MISC. No.14085 of 2026(5) dt.24-06-2026
                                                       2/2




                     assaulted the informant’s side due to land dispute. So far as this

                     petitioner is concerned, allegation is that he assaulted Nandlal

                     Ram causing injury on the head. This led to the FIR.

                                  6. Learned counsel for the petitioner submits that there

                     is case and counter case, both sides have suffered and the

                     informant also suffered fracture.

                                  7. Learned APP on the other hand submits that not only

                     the petitioner no. 1 has criminal antecedent, the injury inflicted by

                     him to Nandlal Ram has been found to be grievous in nature.

                                  8. Considering the submissions of the parties as also the

                     nature of injury that has come against him, no relief can be

                     extended.

                                  9. The anticipatory bail application stands rejected.

                                  10. However, if the petitioner surrenders within four

                     weeks from today, the Court concerned shall take up the matter

                     and dispose it of preferably on the same day.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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