Patna High Court
Subhash PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioners are entitled to bail as the FIR does not specifically allege any overt act against them and similar co‑accused have been released on bail.
Summary
The petitioners, Subhash Paswan and Rameshwar Paswan, were arrested on 9 September 2025 in connection with a mob attack on the Dinara police station, for which an FIR was filed under several sections of the Bihar National Security Act, 2023. They contended that the FIR contains only a generic allegation against all 52 named accused and 100 unknown persons, with no specific overt act attributed to them, and pointed out that similarly situated co‑accused had already been granted bail by other benches. The State opposed bail, highlighting the petitioners' prior criminal cases. The Court observed the lack of specific allegations against the petitioners and the precedent of bail to co‑accused, and consequently ordered their release on bail subject to a Rs.10,000 bond, two sureties, and conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay pending verification.
Issues considered
- Whether the petitioners are entitled to bail when the FIR contains only a generic allegation and no specific overt act against them.
- Whether the prior criminal antecedents of the petitioners preclude the grant of bail.
Subjects
- bail
- mob violence
- police station attack
- omnibus FIR
- criminal antecedent
- conditions of bail
- sections 191
- section 121
- section 324
- section 132
- section 109
- Bihar National Security Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17351 of 2026
Arising Out of PS. Case No.-364 Year-2025 Thana- DINARA District- Rohtas
======================================================
1. Subhash Paswan S/o Rameshwar Paswan Resident of Village - Belbaiya,
P.S.- Dinara, District- Rohtas
2. Rameshwar Paswan S/o Late Ramdeo Paswan Resident of Village -
Belbaiya, P.S.- Dinara, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prem Kumar Paswan, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-03-2026 Heard Mr.Prem Kumar Paswan, learned counsel for
the petitioners and Mr.Yogendra Kumar, learned A.P.P. for the
State.
2. The petitioners seek bail, who are in custody since
09.09.2025 in connection with S.Tr.No.453/2025 arising out of
Dinara P.S. Case No. 364 of 2025, FIR dated 31.07.2025
registered for the offence under Sections 191(2), 191(3), 190,
121(1), 121(2), 324(5), 132 and 109 of the BNS, 2023.
4. As per prosecution case, a mob of 200 persons
assembled near Dinara police station and started shouting
slogans against the police. Thereafter, they attacked the police
station and started damaging articles kept there. They also
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assaulted the informant, who was only official present in the
police station. The informant received injuries in the hands of
the attackers.
4. Learned counsel appearing for the petitioners
submits that although the petitioners are named in the FIR but
from a bare perusal of the FIR it appears from the FIR that
there is no specific allegation of any assault or overt-act
attributed against the petitioners rather there is general and
omnibus allegation against all 52 FIR named accused persons
including the petitioners and 100 unknown persons and name of
the petitioners has been transpired during investigation on the
basis of CCTV Footage and similarly situated co-accused
persons, namely, Baleshwar Ram, Shivji Paswan, Dharmendra
Ram and others have been granted bail by different Coordinate
Benches of this Hon’ble Court vide order dated 28.01.2026
passed in Cr. Misc. Nos.5055 of 2026, 3341 of 2026 and 3483
of 2026 respectively and the police, after investigation,
submitted chargesheet against the petitioners and the petitioners
are in custody since 09.09.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioners and submits that petitioner No.1
carries four more cases and petitioner No.2 carries three more
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case other than the present one, as mentioned in paragraph-3 of
the bail petition.
6. Considering the aforesaid fact, there is no specific
allegation of any assault or overt-act attributed against the
petitioners in the FIR and similarly situated co-accused persons
have been granted bail by different Coordinate Benches of this
Hon’ble Court, let the petitioners, above named, be released on
bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each
with two sureties of the like amount each to the satisfaction of
learned Additional Sessions Judge-1st, Bikramganj, Rohtas in
connection with S.Tr.No.453/2025 arising out of Dinara P.S.
Case No. 364 of 2025, with the following conditions:-
(I) Petitioners shall co-operate in the trial and shall 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 bond shall be cancelled by the Court below.
(II) If the petitioners tamper 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 petitioners and in case at
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any stage, it is found that the petitioners have concealed their
criminal antecedent, 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)
Nitesh/-
U T
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