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Patna High Court

Dangar Paswan @ Dagar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the anticipatory bail application, granting bail to the petitioners subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioners, four residents of Pundar village, filed an anticipatory bail application fearing arrest in a case registered under multiple sections of the Bihar Negotiable Substances Act, 2023. They contended that they have clean records and that the FIR primarily implicates Ramu, who is not a petitioner, while the allegations against the others are either ornamental or non‑existent. The State opposed the bail, arguing the seriousness of the offences. The court examined the FIR and the petitioners' submissions, noting the lack of specific allegations against three of them and the false‑implication claim. Relying on its inherent powers under Section 482(2) of the BNSS, the court granted anticipatory bail subject to a bond of Rs. 10,000 and two sureties, with the condition of surrender within six weeks. The application was therefore allowed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under the circumstances alleged in the FIR
  • Whether the FIR specifically implicates the petitioners or merely contains ornamental allegations
  • Whether the court may exercise its powers under Section 482(2) of the BNSS to grant bail

Subjects

  • anticipatory bail
  • false implication
  • Section 482
  • Bihar Negotiable Substances Act
  • criminal procedure
  • FIR
  • bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18704 of 2026
                 Arising Out of PS. Case No.-419 Year-2025 Thana- MADHUBAN District- East Champaran
                 ======================================================
           1.     Dangar Paswan @ Dagar Paswan Son of Late Phaguni Paswan Resident of
                  Village- Pundar, P.S.- Madhuban, District- East Champaran
           2.    Vikash Kumar @ Bikash Paswan Son of Ramu Paswan Resident of Village-
                 Pundar, P.S.- Madhuban, District- East Champaran
           3.    Bittu Paswan Son of Late Laloo Paswan Resident of Village- Pundar, P.S.-
                 Madhuban, District- East Champaran
           4.    Pramila Devi Wife of Ramu Paswan Resident of Village- Pundar, P.S.-
                 Madhuban, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                                                 Mr. Hemant Ray, Advocate
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-04-2026                   1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.

                                 2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 191(2),

                   126(2), 115(2), 329(3), 118(1), 109, 76, 352, 351(2) and 351(3)

                   of the BNS, 2023.

                                 3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and petitioner no.

                   4 is a woman and the informant alleges that accused persons

                   including the petitioners came at his door on 16.11.2025 at
Patna High Court CR. MISC. No.18704 of 2026(2) dt.02-04-2026
                                            2/3




          08:30 PM and started abusing, on protest, Ramu assaulted him

          by dabia repeatedly causing injury on head and his mother was

          also assaulted and Bittu dragged her and tore her cloths.

                       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 specific

          allegation of assault is against Ramu, who is not a petitioner in

          the instant anticipatory bail application and as far as Bittu is

          concerned, the allegation against him is ornamental and there is

          no specific allegation against petitioner nos. 1, 2 and 4.

                       5. Learned       A.P.P.    for     the   State   opposes   the

          anticipatory bail application 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 the learned

          trial court where the case is pending/successor court in

          connection with Madhuban P.S. Case No. 419 of 2025 subject to

          the conditions as laid down under Section 482 (2) of the BNSS.
            Patna High Court CR. MISC. No.18704 of 2026(2) dt.02-04-2026
                                                        3/3




                                   7. Accordingly,         the    instant   anticipatory   bail

                      application stands allowed.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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