Patna High Court
Sourabh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because the FIR and charge sheet did not specifically allege an assault or overt act by the petitioner.
Summary
Sourabh Paswan was arrested on 15 September 2025 in connection with a FIR dated 14 September 2025 alleging assault with an iron rod and other offences under the Bharatiya Nyay Sanhita, 2023 and the Arms Act. The prosecution alleged that the petitioner, along with co‑accused, assaulted the informant and her husband, while the petitioner contended that the FIR contains no specific allegation of assault against him and that he has been falsely implicated. He also has a pending criminal antecedent. The court examined the charge sheet and found no overt act specifically attributed to the petitioner. Considering the lack of specific allegation and the principle of bail, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, appearance, non‑tampering of evidence, and verification of his criminal antecedent. The bail order was conditioned on cancellation if the petitioner fails to comply with the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioner despite the pending charges under the Bharatiya Nyay Sanhita and the Arms Act.
- Whether the FIR and charge sheet specifically allege an assault or overt act by the petitioner.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 352, 74
Subjects
- bail
- criminal procedure
- assault
- Arms Act
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1684 of 2026
Arising Out of PS. Case No.-255 Year-2025 Thana- GORADIH District- Bhagalpur
======================================================
Sourabh Paswan S/o- Chhabi Lal Paswan Village-Hemra PS- Goradih Distt-
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rana Hason, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-01-2026 Heard Mr. Rana Hason, learned counsel for the
petitioner as well as Mr. Vinod Shanker Modi, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
15.09.2025 in connection with Goradih P.S. Case No. 255 of
2025, F.I.R. dated 14.09.2025 for the offences punishable under
Sections 126(2), 115(2), 109, 352, 74, 3(5) of the Bharatiya
Nyay Sanhita, 2023 and Section 27 of Arms Act.
3. According to prosecution case, the informant
alleged that the petitioner along with other co-accused persons
assaulted the informant and her husband by means of iron rod.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation levelled against the petitioner is
Patna High Court CR. MISC. No.1684 of 2026(2) dt.19-01-2026
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false and fabricated. Although the petitioner is named in the FIR
but from bare perusal of the FIR it appears that there is no
specific allegation of assault or overt act against him rather
specific allegation of firing is attributed against co-accused
persons, namely, Bhola Paswan and Anandi Paswan. He further
submits that the police after investigation submitted the charge
sheet and the petitioner is in custody since 15.09.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
apart from that the petitioner carries one criminal antecedent
other than the present one and the same is pending for
consideration before the competent Court of law
6. Considering the aforesaid facts and circumstances,
there is no specific allegation of assault or overt act attributed
against the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Bhagalpur
in connection with Goradih P.S. Case No. 255 of 2025, subject
to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.1684 of 2026(2) dt.19-01-2026
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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