Patna High Court

Lalan PaswanversusThe State of Bihar

Decided: 29 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The court refused to grant anticipatory bail to the petitioner, finding the offence serious and the petitioner’s prior criminal antecedent sufficient to deny bail.

Summary

The petitioner, Lalan Paswan, feared arrest in a case registered under Section 303(2) of the Bihar Narcotic (or related) Statute, 2023, alleging that he assisted a co-accused in selling a stolen tractor belonging to an informant. The FIR also disclosed that the petitioner has a prior criminal record for a similar offence. He applied for anticipatory bail, arguing that the nature of the accusation and his antecedents did not justify detention. The learned counsel for the State opposed the bail, emphasizing the seriousness of the charge and the petitioner’s past conduct. The Court, after hearing both sides, held that the combination of the serious offence and the petitioner’s criminal antecedent warranted denial of anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

What is the appropriate exercise of discretion by the court in granting or refusing anticipatory bail under Section 438 of the Criminal Procedure Code in view of the seriousness of the offence under Section 303(2) of the B.N.S., 2023 and the petitioner’s prior criminal antecedent?

Legislation cited

Code of Criminal Procedure, 1973 — s. 438

Subjects

anticipatory bail
Section 303(2)
B.N.S. 2023
criminal antecedent
Criminal Procedure Code
bail denial

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.1853 of 2026
                      Arising Out of PS. Case No.-121 Year-2025 Thana- NAVINAGAR District- Aurangabad
                    ======================================================
                    Lalan Paswan Son of Bigan Paswan Resident of Village - Ramnagar Gapha
                    Khurd, P.S.- Bodhgaya, Distt.- Gayaji

                                                                                    ... ... Petitioner/s
                                                         Versus
                    The State of Bihar

                                                           ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :      Mr.Vijay Kumar
                    For the Opposite Party/s :      Mr.Dr. Ajeet Kumar
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      29-01-2026                  Heard learned counsel for the petitioner and learned

                      A.P.P for the State.

                                   2. The petitioner apprehends his arrest in a case,

                      registered for offence punishable under Section 303(2) of the

                      B.N.S., 2023.

                                   3. As per F.I.R., petitioner is alleged to have assisted

                      co-accused Anil Sharma in selling the theft tractor of informant.

                      Petitioner has got one criminal antecedent of similar nature.

                                   4. Considering the nature of accusation and criminal

                      antecedent,        the prayer for anticipatory bail of petitioner is

                      rejected.



                                                     (Prabhat Kumar Singh, J)
anay

U        T

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