Created by Fuzzy Cloud

Patna High Court

Sourabh PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.