Patna High Court
Rajesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail should be granted to the petitioners subject to conditions, exercising its inherent powers under Section 482(2) of the B.N.S., 2023.
Summary
The petitioners, four members of the Paswan family, were implicated in a case registered under several sections of the Bihar Narcotic Substances Act, 2023, alleging assault, robbery and related offences on 2 June 2025. They sought anticipatory bail, contending they have clean records and that the informant’s statement was recorded 22 days after the incident, making the allegations implausible, especially given the nature of the reported injuries. The State opposed the bail, arguing the seriousness of the charges. The court examined the delay in the informant’s statement, the injury report, and the possibility of false implication, and concluded that the petitioners could be released on anticipatory bail if they surrender within six weeks and furnish bail bonds with sureties, subject to Section 482(2) of the B.N.S.S. The order imposed a bail bond of Rs.10,000 each with two sureties and conditions for surrender.
Issues considered
- Whether anticipatory bail should be granted despite the serious offences alleged under the B.N.S., 2023.
- Whether the delay in recording the informant’s statement and the nature of his injuries undermine the prosecution’s case.
- Whether the High Court can exercise its inherent powers under Section 482(2) to grant bail in this circumstance.
Legislation cited
- Bihar Narcotic Substances Act — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- Bihar Narcotic Substances Act
- Section 482
- false implication
- delay in FIR
- assault
- robbery
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17511 of 2026
Arising Out of PS. Case No.-642 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
1. Rajesh Paswan Son of Late Lildhari Paswan @ Liladhar Paswan R/o Village
- Belhanti, P.S. - Gaya Muffasil, Dist. - Gaya.
2. Suresh Paswan Son of Late Lildhari Paswan @ Liladhar Paswan R/o Village
- Belhanti, P.S. - Gaya Muffasil, Dist. - Gaya.
3. Saurav Kumar Son of Rajesh Paswan R/o Village - Belhanti, P.S. - Gaya
Muffasil, Dist. - Gaya.
4. Sanjay Paswan Son of Pwarath Paswan @ Pdarath Paswan R/o Village -
Belhanti, P.S. - Gaya Muffasil, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh
For the Opposite Party/s : Mr. Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State Mr. Jharkhandi Upadhyay.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 109, 303(2), 352, 351(2), 117(2) and 3(5) of the B.N.S.,
2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that he was returning home after collecting money with
regard to playing DJ on 02.06.2025 at 7.30 A.M., when accused
Patna High Court CR. MISC. No.17511 of 2026(2) dt.29-04-2026
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persons intercepted him and Saurav pointed pistol and Suresh
with lathi, Rajesh with rod and Golu with lathi assaulted him
causing fracture of leg and also suffered internal injuries and
Rajesh took out Rs.5000/- from his pocket.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
informant alleges that on 02.06.2025 at 7.30 A.M. while he was
returning home after collecting his dues with regard to playing
DJ when he was intercepted by the accused persons i.e. the
petitioners and they assaulted him and even snatched Rs.5000/-
but then the learned counsel submits that the fardbeyan of the
informant was recorded on 24.06.2025 at N.M.C.H. i.e. 22 days
after the occurrence. It is thus submitted that it does not appear
probable that informant based on an assault made on 02.06.2025
would have remained admitted in the hospital for 22 days and
thereafter the police would have recorded his fardbeyan, which
casts an aspersion on the case of the prosecution. It is also
submitted that the injury report of the informant has been
annexed as Annexure-P/3 to the anticipatory bail application and
from perusal of the same it would manifest that same records:-
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(1) Pain with swelling over right leg
(2) Pain over head and chest and the injury has been
opined to be grievous in nature but then the allegation of assault
even is not specific. It is further submitted that the even the
injury report is dated 02.06.2025 and from the nature of injury,
it does not appear probable that informant would have remained
admitted at N.M.C.H. for 22 days.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
trial court where the case is pending/successor court in
connection with Gaya Muffasil P.S. Case No.642/2025, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
(Satyavrat Verma, J)
amit/-
U T
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