Patna High Court
Prabhu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court ordered the release of the petitioners on bail subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, three Paswan brothers, sought bail fearing arrest in a case (Digha PS No. 889 of 2025) alleging offences under the Bharatiya Nyaya Sanhita, 2023, including assault, attempted murder, and theft. The prosecution alleged that the petitioners assaulted an informant, fractured his leg, and stole a gold chain and cash. The petitioners contended they were falsely implicated, argued that the alleged fracture was not medically substantiated, and highlighted their familial relationship with the informant, asserting the allegations were implausible. The State opposed the bail application. The Court, noting the absence of the claimed injury, the familial ties, and the nature of the dispute, granted bail to all petitioners subject to a bond of Rs.10,000 each, two sureties, and conditions under Section 482(2) of the BNS, including attendance in court.
Issues considered
- Whether bail should be granted to the petitioners despite allegations under both bailable and non‑bailable sections of the Bharatiya Nyaya Sanhita
- Whether the alleged injury (fracture) and theft are sufficiently proved to deny bail
- Whether the relationship between the petitioners and the informant affects the bail decision
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 110, 115(2), 117(2), 126(2), 303(2), 351(2) r/w 3(5), 352, 482(2)
Subjects
- bail
- criminal procedure
- assault
- theft
- non‑bailable offence
- Section 482
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14897 of 2026
Arising Out of PS. Case No.-889 Year-2025 Thana- DIGHA District- Patna
======================================================
1. Prabhu Paswan Son of Lakhan Paswan Resident of Patipul, Digha Ghat, P.S.
- Digha, Distract - Patna.
2. Dhanu Paswan @ Mahesh Kumar Son of Prabhu Paswan Resident of
Patipul, Digha Ghat, P.S. - Digha, Distract - Patna.
3. Ramesh Paswan @ Ramesh Kumar Son of Prabhu Paswan Resident of
Patipul, Digha Ghat, P.S. - Digha, Distract - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Raj, Advocate
Mr. Akhauri Kamal Kishore Sahay, Advocate
For the Opposite Party/s : Mrs. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners are
apprehending their arrest in connection with Digha P.S. Case
No. 889 of 2025 registered for the alleged offence under
Sections 115(2), 126(2), 303(2), 117(2), 352, 351(2) r/w 3(5)
and 110 of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, in the backdrop of
previous altercation, the petitioners assaulted the informant and
petitioner no. 2 hit the informant on his leg causing its fracture.
They also snatched a gold chain and Rs. 4,500/- cash from the
Patna High Court CR. MISC. No.14897 of 2026(2) dt.03-04-2026
2/3
informant.
04. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. All the offences mentioned in the FIR are bailable except
Section 303(2) and 110 of BNS but they are not applicable in
the present case. There is general and omnibus allegation
against all the petitioners for assaulting the informant with
specific allegation against the petitioner no. 2 that he caused
fracture of leg of the informant but the injury report falsifies this
allegation as only one injury has been observed on the
informant, i.e., pain and swelling over right foot. However, no
fracture has been found and injury is stated to be simple.
Learned counsel further submits that the allegation of snatching
gold chain and money is not believable as the informant is the
cousin of the petitioner nos. 2 and 3 and the nephew of
petitioner no. 1. Petitioner no. 1 and 3 are having antecedent of
one case each whereas petitioner no. has got two criminal
antecedent.
05. Learned A.P.P. for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submission made by the parties and considering the absence of
injury alleged against the informant and also considering
Patna High Court CR. MISC. No.14897 of 2026(2) dt.03-04-2026
3/3
the relationship of the parties and nature of dispute, let the
petitioners above named, in the event of their arrest or surrender
before the court concerned within a period of eight weeks from
today, be released on bail, on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand Only) each with two sureties of
the like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate-IX, Patna/court concerned in
connection with Digha P.S. Case No. 889 of 2025, subject to the
condition laid down under Section 482(2) of BNSS and other
following conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below, if so
required by the learned trial court.
(Arun Kumar Jha, J)
Ashish/-
U T
Checking your session…