Patna High Court
Uday PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
Bail was granted to the petitioner subject to a bond, sureties, and verification of criminal antecedents under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Uday Paswan, sought bail fearing arrest in a case (Deepnagar P.S. Case No. 463 of 2025) alleging offences under multiple sections of the B.N.S., including assault with a pistol butt causing injury to a neighbour. The incident arose on Diwali night when the informant asked the petitioner to stop bursting firecrackers, leading to an alleged assault. The petitioner claimed innocence, highlighted that the parties had amicably settled the dispute, and noted the injury was simple with no prior criminal record. The State opposed bail, but the court considered the minor nature of the injury and the settlement. The court ordered bail on a Rs.10,000 bond with two sureties, subject to verification of the petitioner’s criminal antecedents and conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether bail should be granted to the petitioner given the alleged offences and the nature of the injury
- Whether the settlement between the parties and the simplicity of the injury justify bail
Legislation cited
- B.N.S. — s. 109(1), 115(2), 118(1), 126(2), 191(2), 191(3), 303(2), 351(2), 352, 482(2), 76
Subjects
- bail
- assault
- settlement
- criminal antecedent
- Section 482
- Criminal Procedure
- injury
- Diwali incident
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18127 of 2026
Arising Out of PS. Case No.-463 Year-2025 Thana- DEEPNAGAR District- Nalanda
======================================================
Uday Paswan S/o Late Dhaneshwar Paswan R/o Village - Dumrawan, P.S -
Deepnagar, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate
For the Opposite Party/s : Mr. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 25-03-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Deepnagar P.S. Case No. 463 of 2025, for
allegedly having committed offence under Sections 191(2),
191(3), 126(2), 115(2), 118(1), 109(1), 303(2), 76, 352, 351(2)
of the BNS.
3. As per the prosecution case, on the night of
Diwali, while the son of the informant was bursting firecrackers
near the door of the informant, which was causing disturbance
to the pregnant daughter of the informant, the informant
requested the petitioner and his family members not to burst
cracker, upon which the petitioner is said to have assaulted the
informant with the butt of the pistol, which caused injuries on
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his head.
4. The learned counsel for the petitioner submits
that the petitioner is innocent. The petitioner and the informant
are neighbours and an altercation took place between the parties
in the night of Diwali for bursting crackers, later on both the
parties have amicably settled the dispute. As per the injury
report, the injury sustained by the informant are found to be
simple in nature. The petitioner has got no criminal antecedent.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner.
6. Having heard the learned counsel for the parties,
considering the nature of injury sustained by the informant and
in view of the fact that the parties have compromised the case
outside the Court, let the petitioner, above named, in the event
of arrest or surrender within a period of six weeks, 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, Nalanda at Biharsharif in
connection with Deepnagar P.S. Case No. 463 of 2025, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S., with further condition:
(1) The learned Court concerned shall verify the
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criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps 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.
(Ritesh Kumar, J)
AjayMishra/-
U T
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