Patna High Court
Chardradeep PaswanversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to petitioners Nos.2‑5 but denied it to petitioner No.1.
Summary
The petitioners, five members of the Paswan family, sought anticipatory bail in a case (Parasi P.S. Case No.69 of 2025) where they were accused under Sections 115(2), 117(2), 126(2), 109 and 3(5) of the BNS for assaulting an informant and his family during a boundary dispute. The prosecution alleged that petitioner No.1, Chardradeep Paswan, inflicted grievous injuries, while the defence argued that the incident was a family scuffle over land and that the FIR was lodged by the informant’s side after learning of the first FIR. The State opposed bail, emphasizing the seriousness of the alleged assault. The Court, applying Section 2(1)(d) and Section 482(2) of the BNSS, 2023, granted anticipatory bail to petitioners Nos.2‑5 on a bond of Rs.30,000 each, but refused bail to petitioner No.1. The order reflects a partial grant of anticipatory bail based on the differing roles of the accused.
Issues considered
- Whether anticipatory bail should be granted to petitioner No.1 under the BNSS, 2023 in view of the alleged grievous assault.
- Whether anticipatory bail should be granted to petitioners Nos.2‑5 under the BNSS, 2023 despite the FIR.
- Whether the FIR constitutes a false or malicious complaint arising from a boundary dispute.
Legislation cited
- Bihar Negotiable Security Act — s. 2(1)(d), 482(2)
- Bihar Negotiable Statutes — s. 109, 115(2), 117(2), 126(2), 3(5)
Subjects
- anticipatory bail
- section 482
- section 2(1)(d)
- BNSS 2023
- BNS
- assault
- boundary dispute
- FIR
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16754 of 2026
Arising Out of PS. Case No.-69 Year-2025 Thana- Parasi District- Arwal
======================================================
1. Chardradeep Paswan S/O Late Bhikham Paswan Resident Of Village- Amra
choki, P.S- Parasi, Distt.- Arwal.
2. Subhash Paswan S/O Chandradeep Paswan Resident Of Village- Amra
choki, P.S- Parasi, Distt.- Arwal.
3. Subalal Paswan @ Subalal Kumar S/O Chandradeep Paswan Resident Of
Village- Amra choki, P.S- Parasi, Distt.- Arwal.
4. Kalendra Paswan S/O Late Shrawan Paswan Resident Of Village- Amra
choki, P.S- Parasi, Distt.- Arwal.
5. Minta Devi S/O Late Shrawan Paswan Resident Of Village- Amra choki,
P.S- Parasi, Distt.- Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Prasad Singh, Adv.
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 06-05-2026 Heard Learned Counsel for the petitioners and
Learned APP for the State.
2. The petitioners are apprehending arrest in a case
registered for the offences punishable in connection with Parasi
P.S. Case No.69 of 2025 under Sections 115(2), 117(2), 126(2),
109 and 3(5) of the BNS.
3. As per the prosecution, the FIR has been lodged
against 5 named accused persons (the present petitioners) with
allegation that petitioner No.1 has assaulted the informant by
Patna High Court CR. MISC. No.16754 of 2026(3) dt.06-05-2026
2/3
iron kanti due to which injury has been caused and informant
becomes unconscious. The accused persons have also assaulted
the informant’s family due to which they also received injury.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. He
submits that the petitioners and informant both are family
members and they were working in agricultural land and due to
boundary dispute, the scuffling took place between the parties
and injury caused to both sides.
5. Counsel further submits that the FIR has been
lodged by the petitioner’s side on 03.09.2025 and when
informant received knowledge that FIR has been lodged against
him, then on 05.09.2025, then the informant’s side lodged the
case for the same date and place of occurrence.
6. Counsel submits that the criminal antecedent of the
petitioners is clean and they are ready to fulfill all the conditions
whatsoever shall be imposed upon them.
7. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that there is specific
allegation of assault against petitioner No.1 and in the rejection
order, it has come that the injury is grievous in nature.
8. In the present facts and circumstances of this case
Patna High Court CR. MISC. No.16754 of 2026(3) dt.06-05-2026
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and the submissions made above, let the petitioner Nos.2 to5
namely, Subhash Paswan, Subalal Paswan, Kalendra Paswan
and Minta Devi, be granted bail, in the event of arrest or
surrender before the Trial Court within a period of 4 weeks from
today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty
Thousand) each as mentioned in Section 2(1)(d) of the BNSS,
2023 to the satisfaction of ACJM-I, Arwal, in connection with
Parasi P.S. Case No.69 of 2025, subject to the conditions as laid
down U/s 482(2) of the BNSS, 2023.
9. So far as the petitioner No.1, namely, Chardradeep
Paswan, is concerned, this Court is not inclined to grant
anticipatory bail to the petitioner No.1, therefore the bail
application of the petitioner No.1 is hereby rejected.
(Dr. Anshuman, J)
Prakashmani/-
U T
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