Patna High Court
Niranjan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court grants bail to the petitioner subject to specified conditions.
Summary
The petitioner, Niranjan Paswan, was in custody since September 2018 for alleged offences under IPC sections 341, 323, 448, 354, 307 and 34, stemming from an alleged assault and molestation of a relative. The prosecution alleged that the petitioner, along with others, entered the informant's house, attempted to outrage her modesty, and assaulted her husband, causing injuries. The petitioner argued he has a clean antecedent, is falsely implicated, and that the incident arose from a petty family dispute with no intention to kill. The court noted the petitioner’s clean record, lack of murderous intent, and familial relationship between the parties. Considering these factors, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence or witnesses.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with offences under sections 341, 323, 448, 354, 307 and 34 of the Indian Penal Code?
Legislation cited
- Indian Penal Code — s. 307, 323, 34, 341, 354, 448
Subjects
- bail
- Indian Penal Code
- assault
- molestation
- attempt to murder
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17671 of 2026
Arising Out of PS. Case No.-412 Year-2018 Thana- RAJAON District- Banka
======================================================
Niranjan Paswan S/o- Bholi Paswan R/v- Tekani Ps- Rajoun Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 18-03-2026 Heard Mr. Akash Kumar Mishra, learned counsel
for the petitioner as well as Ms. Asha Kumari, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
28.09.2018 in connection with Rajoun P.S. Case No. 412 of
2018, F.I.R. dated 28.09.2018 for the offences punishable under
Sections 341, 323, 448, 354, 307/34 of the Indian Penal Code.
3. According to prosecution case, it is alleged that the
petitioner along with other accused persons entered the house of
the informant with intention of outraging her modesty and
started molesting her. When she raised alarm and her husband
arrived to save her, the accused person assaulted him with rod
due to which he received bleeding injuries.
4. Learned counsel for the petitioner submits that
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petitioner has clean antecedent and he has falsely been
implicated in the present case. The informant and the petitioner
are agnates to each other and informant is own sister-in-law of
the petitioner and the injured person is own brother of the
petitoner. It appears from the FIR that due to some petty dispute
the present occurrence has taken place and there was no
intention to kill anyone and the petitioner is in custody since
20.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there was no intention to kill
anyone, 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, Banka in connection with Rajoun P.S.
Case No. 412 of 2018, 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
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.
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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
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