Patna High Court
Vikash Kumar @ Vikash PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail could not be granted as the petitioners were implicated in the offence and their presence emboldened the commission of the crime.
Summary
The petitioners, Vikash Kumar and Muntun Paswan, applied for anticipatory bail after being implicated in a violent incident where an informant was set ablaze, resulting in severe injuries. They argued they have clean antecedents and that the FIR does not specifically allege their participation, contending they were falsely implicated. The State opposed the bail, citing the FIR and case diary entries that named the petitioners as part of the group that set the victim on fire and argued their presence encouraged the crime. The court examined the allegations and the relevance of the petitioners' alleged involvement under Sections 341, 325, 307, 302, 326 and 34 of the IPC. Concluding that the evidence suggested participation and that granting bail would be inappropriate, the court rejected the anticipatory bail application.
Issues considered
- Whether anticipatory bail can be granted to the petitioners accused of offences under Sections 341, 325, 307, 302, 326 and 34 of the IPC.
- Whether the FIR and case diary sufficiently implicate the petitioners to deny anticipatory bail.
- Whether the presence of the petitioners amounts to participation under Section 34 (common intention).
Legislation cited
- Indian Penal Code — s. 302, 307, 325, 326, 34, 341
Subjects
- anticipatory bail
- Indian Penal Code
- Section 34
- common intention
- false implication
- arson
- murder
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1431 of 2026
Arising Out of PS. Case No.-250 Year-2020 Thana- HARSIDHI District- East Champaran
======================================================
1. Vikash Kumar @ Vikash Paswan S/o Jimu Paswan Resident of Village -
Ghoghorahan, bairiya, P.S. - Harsidhi, District - East Champaran
2. Muntun Paswan @ Muntun Kumar s/o Jimu Paswan R/o Mohanpur, P.S.-
Mansahi, Distt- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adarsh Ranjan, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 27-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 341, 325,
307, 302, 326 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that accused persons including the petitioners came at
09:00 PM and called the informant out, accordingly, the
informant came out of the house when Mukesh, Sujit and
petitioners caught him and Ashok poured kerosene oil on his
body and petitioners set him ablaze causing burn injuries on his
Patna High Court CR. MISC. No.1431 of 2026(3) dt.27-04-2026
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back, waist, hydrocele, legs, hand, eyes and elbow etc. and
when his wife came to save him, she also sustained burn
injuries.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
informant specifically alleges that Sujit, Mukesh caught him
while Ashok poured kerosene oil on him and thereafter
petitioners set him ablaze, but then as far as petitioners are
concerned, no specific allegation is alleged against them.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioners and submits that
though in the FIR, no specific allegation is alleged against the
petitioners, but then there is specific allegation that informant
was set ablaze by the accused persons causing burn injuries on
various parts of his body, it is thus submitted that presence of
the petitioners, at the place of occurrence, also emboldened the
other accused to commit the occurrence. It is next submitted that
from perusal of Paras 6, 7 and 13 of the case diary, it would
manifest that witnesses have named the petitioners as one who
set the informant ablaze. It is also submitted that investigation in
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the case is continuing.
6. Considering the submissions made by the learned
APP for the State, the Court is not inclined to extend the
privilege of anticipatory bail to the petitioners.
7. Accordingly, the instant anticipatory bail
application stands rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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