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Patna High Court

Prabhu PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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