Patna High Court
Niraj Kumar @ Niraj PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that since the FIR does not attribute any overt act to the petitioners, they are entitled to bail.
Summary
The petitioners, who are family members of the accused Khelawan Paswan, were named in FIR No. 416 of 2024 for offences under Sections 191(2), 329(3), 352, 115(2), 118(2) and 103(1) of the BNS, relating to the assault and death of the informant's father. The petitioners contended that they were implicated solely because of their kinship and that the FIR did not allege any overt act on their part. The State, while acknowledging the petitioners' alleged involvement, also pointed out that the FIR does not specifically attribute any act to them. The Court examined the FIR and found no direct allegation against the petitioners, concluding that mere family relationship does not constitute participation in the crime. Accordingly, the Court ordered that petitioners No.2 to 5 be released on bail upon furnishing a bond of Rs.10,000 with two sureties each, subject to conditions under Section 482(2) of the BNS. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether the petitioners, who are merely family members of the principal accused, can be granted bail in the absence of any specific allegation of participation in the offence.
Legislation cited
- BNS — s. 103(1), 115(2), 118(2), 191(2), 329(3), 352, 482(2)
Subjects
- bail
- FIR
- family members
- no overt act
- Criminal Procedure Code
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14937 of 2025
Arising Out of PS. Case No.-416 Year-2024 Thana- BAIRIYA District- West Champaran
======================================================
1. Niraj Kumar @ Niraj Paswan Son of Uma Shankar Paswan Resident of
Village- Laukariya Mushar Toli, Ward 3 P.S.Bairiya, Distt.- West Champaran
2. Nitish Kumar Son of Uma Shankar Paswan Resident of Village- Laukariya
Mushar Toli, Ward 3 P.S.Bairiya, Distt.- West Champaran
3. Bittu Kumar Son of Uma Shankar Paswan Resident of Village- Laukariya
Mushar Toli, Ward 3 P.S.Bairiya, Distt.- West Champaran
4. Uma Shankar Paswan @ Uma Shankar Hajra Son of Ramjee Paswan @
Ramjee Hajra Resident of Village- Laukariya Mushar Toli, Ward 3
P.S.Bairiya, Distt.- West Champaran
5. Kiran Devi @ Shashi Kiran Devi Wife of Uma Shankar Paswan @ Uma
Shankar Hajra Resident of Village- Laukariya Mushar Toli, Ward 3
P.S.Bairiya, Distt.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar Ii, Adv.
For the Opposite Party/s : Mr. Surendra Kumar, Adv.
Mr. Avinash Raj, Adv.
For the State : Mr. Navin Kr. Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 19-01-2026 Heard the parties.
2. The petitioners are named in the F.I.R.
and apprehending their arrest in connection with
Bairiya P.S. Case No. 416 of 2024 registered for
the offences punishable under Sections 191(2),
329(3), 352, 115(2), 118(2), 103(1) of BNS.
3. As per FIR, one of the co-accused
namely, Khelawan Paswan assaulted with garasa
Patna High Court CR. MISC. No.14937 of 2025(4) dt.19-01-2026
2/3
on the head of the father of the informant, due to
which he died during the course of treatment
alongwith other named co-accused person
including these petitioners.
4. It is submitted by learned counsel
appearing on behalf of the petitioners that
petitioners were implicated only for the reason that
they are family members of Khelawan Paswan. It is
pointed out that even upon post-mortem only
single assault was found upon the head of father of
informant which proved fatal which appears prima-
facie corroborating with FIR on its fact as the FIR is
also not speaking any overt act qua petitioners or
any other co-accused person except co-accused
Khelawan Paswan. While concluding arguments, it
is submitted that petitioners claimed clean
antecedent.
5. Learned APP duly assisted by learned
counsel for the informant while opposing the
prayer of bail submitted that petitioners were
actively involved during the occurrence but fairly
conceded that FIR nowhere suggesting that any
Patna High Court CR. MISC. No.14937 of 2025(4) dt.19-01-2026
3/3
over act qua occurrence attributed to petitioners.
6. In view of aforesaid factual submission
and by taking note of fact as FIR nowhere suggests
any over act attributed to petitioners towards
commission of offences where specific allegation
appears raised against one Khelawan Paswan,
accordingly petitioner no. 2 to 5, in the event of
their arrest or surrender before the court below
within a period of four weeks, are directed to be
released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction
of the learned A.C.J.M. III, West Champaran,
Bettiah/concerned Court, where the case is
pending in connection with Bairiya P.S. Case No.
416 of 2024, subject to the conditions as laid down
under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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