Patna High Court
Chandrabali PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
Chandrabali Paswan and Chandan Paswan were arrested on 22 January 2026 in connection with a case involving alleged assault on an informant and his family, under several sections of the B.N.S., 2023. The petitioners argued that they have clean antecedents, that the FIR contains only a generic allegation against all accused, and that the dispute is a case of mutual counter‑claims with no specific act attributed to them. The State opposed bail, contending the seriousness of the offences. The Court, noting the lack of specific allegations against the petitioners and their clean record, granted bail on a bond of Rs 10,000 each with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of any concealed criminal antecedents, with provision for cancellation if conditions are breached.
Issues considered
- Whether bail should be granted to the petitioners given the allegations under Sections 126(2), 115(2), 117(2), 109, 352 and 3(5) of the B.N.S., 2023.
- Whether the absence of specific allegations against the petitioners warrants bail despite the seriousness of the offences.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 126(2), 3(5), 352
Subjects
- bail
- criminal procedure
- clean antecedents
- case and counter case
- conditions of bail
- assault
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16847 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- ARIYARI District- Sheikhpura
======================================================
1. Chandrabali Paswan S/o- Prem Paswan Resident of vill- Ekrany PS- Ariyari
Dist- Sheikhpura
2. Chandan Paswan S/o- Balmiki Paswan @ Valmiki Paswan Resident of vill-
Ekrany PS- Ariyari Dist- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam, Advocate
For the State : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Ms. Kumari Anupam, learned counsel for the
petitioners and Mr. Anil Kumar, learned APP for the State.
2. Petitioners seek bail, who are in custody since
22.01.2026, in connection with Ariyari P.S. Case No. 05 of
2026, F.I.R. dated 13.01.2026 registered for the offences
punishable under Sections 126(2), 115(2), 117(2), 109, 352, 3(5)
of the B.N.S., 2023.
3. Allegation against the petitioners is that they along
with co-accused persons abused and assaulted the informant and
his family members due to which they sustained injuries.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have been falsely
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implicated in the present case. Although the petitioners are
named in the F.I.R. but from perusal of the F.I.R. it appears that
due to petty dispute the present occurrence had taken place and
there is case and counter case between the parties and there is no
specific allegation of any assault or overt act attributed against
the petitioners rather there is general and omnibus allegation
against all the accused persons including these petitioners and
the petitioners are in custody since 22.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioners.
6. Considering the facts and circumstances of the case
and the fact that the petitioners having clean antecedents and
there is no specific allegation of any assault or overt act
attributed against these petitioners and there is case and counter
case between the parties, let the petitioners, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of learned A.C.J.M.-II, Sheikhpura in
connection with Ariyari P.S. Case No. 05 of 2026, subject to the
following conditions :-
(1) Petitioners shall co-operate in the trial and shall
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be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Ibrar//-
U T
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