Patna High Court
Nathuni PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that, given the petitioner's clean antecedent and the petty‑dispute background, bail could be granted subject to strict conditions.
Summary
The petitioner, Nathuni Paswan, was arrested on 15‑12‑2025 in connection with an assault case (Warisanagar PS Case No. 307 of 2025) involving alleged attacks on an informant and her husband with an iron rod, resulting in grievous injury. He applied for bail, asserting a clean antecedent and that the incident stemmed from a petty dispute, presenting a case‑and‑counter‑case scenario. The State opposed bail, emphasizing the seriousness of the injuries and the specific allegations. The court, after considering the petitioner's clean record and the nature of the dispute, ordered bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence, and non‑tampering with evidence. The bail order was directed to be implemented by the lower court without delay for antecedent verification.
Issues considered
- Whether the petitioner is entitled to bail despite charges under multiple sections relating to assault and grievous injury
- Whether the petitioner's clean antecedent and the existence of a case‑and‑counter‑case justify granting bail
- Whether the conditions imposed are sufficient to safeguard the trial process
Subjects
- bail
- criminal procedure
- assault
- grievous injury
- clean antecedent
- case and counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18651 of 2026
Arising Out of PS. Case No.-307 Year-2025 Thana- WARISNAGAR District- Samastipur
======================================================
Nathuni Paswan Son of Late Kishuni Paswan R/o Vill. - Satmalpur, P.S. -
Warisnagar, Dist. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr.Shubhesh Pandey, learned counsel for the
petitioner and Mr.Umeshanand Pandit, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
15.12.2025 in connection with Warisnagar P.S. Case No. 307 of
2025, F.I.R. dated 04.12.2025 registered for the offence
punishable under Sections 126(2) /329(4)/ 115(2)/ 118(1)/ 76/
303(2)/ 109(1)/351(2)/3(5),352 of BNS.
3. Allegation against the petitioner is that he assaulted
to the informant on back with the iron rod. Husband of the
informant came to save her but petitioner assaulted him with the
iron rod on his head resulting his head got cut and blood oozing
out.
Patna High Court CR. MISC. No.18651 of 2026(2) dt.24-03-2026
2/3
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. It appears from
the FIR that due to some petty dispute, the present occurrence
has taken place. There is case and counter case. Although there
is specific allegation against the petitioner in the FIR that he has
assaulted to the informant and her husband by means of iron rod
and husband of the informant has received the injury and the
police, after investigation, submitted the chargesheet against the
petitioner and the petitioner is in custody since 15.12.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that there is direct and specific allegation against the
petitioner and the husband of the informant has received the
injury, which is grievous in nature.
6. Considering the aforesaid facts, petitioner has clean
antecedent, there is case and counter case and due to some petty
dispute the present occurrence has taken place, 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 learned J.M.F.C., Samastipur in
connection with Warisnagar P.S. Case No. 307 of 2025, with the
following conditions:-
Patna High Court CR. MISC. No.18651 of 2026(2) dt.24-03-2026
3/3
(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/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(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)
Nitesh/-
U T
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