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Patna High Court

Subhash PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.17351 of 2026(2) dt.19-03-2026
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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
Patna High Court CR. MISC. No.17351 of 2026(2) dt.19-03-2026
                                            3/4




          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
               Patna High Court CR. MISC. No.17351 of 2026(2) dt.19-03-2026
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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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