Patna High Court
Ram Narayan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail should be granted to the petitioner, subject to conditions, under its inherent powers under Section 482(2) of the BNS.
Summary
Ram Narayan Paswan, a 70‑year‑old senior citizen with a clean record, applied for anticipatory bail after being implicated in an FIR alleging multiple offences under the BNS, 2023. The petitioner argued that he was falsely implicated merely because he is the father of two alleged assailants and that the FIR contains no specific allegation against him. The State opposed the bail, contending the seriousness of the offences. The Court, noting the petitioner’s age, clean antecedent, and the lack of direct allegations, granted anticipatory bail subject to a cash bond and sureties, invoking its inherent powers under Section 482(2) of the BNS. The order directs that if arrested within six weeks, the petitioner be released on bail under the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the FIR containing multiple serious charges.
- Whether the petitioner’s age and clean antecedent justify the grant of bail.
- Whether Section 482(2) of the BNS empowers the Court to release the petitioner on anticipatory bail.
Legislation cited
- BNS, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- senior citizen
- false implication
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18862 of 2026
Arising Out of PS. Case No.-158 Year-2025 Thana- DARBHANGA District- Darbhanga
======================================================
Ram Narayan Paswan Son of Late Shibu Paswan @ Sibu Paswan Resident of
Village- Bajitpur, P.S.- Town, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 76, 109, 118(1), 352, 351(2) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a senior
citizen aged about 70 years and the informant alleges that
accused persons including the petitioner came on 07.09.2025 at
05:30 PM along with 10-15 unknown accused and started
abusing, on protest, Raman dashed her on the ground and tore
her saree while Sawan assaulted by knife causing injury on
head, while other accused assaulted Rampari Devi and Roshan
by lathi, dagger and farsa.
Patna High Court CR. MISC. No.18862 of 2026(2) dt.06-04-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner has 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 no
specific allegation of assault is alleged against the petitioner and
he came to be implicated merely for the reason that he is father
of Raman and Sawan. It is also submitted that specific
allegation of assaulting the injured on head by knife is against
Sawan. It is further submitted that petitioner is a senior citizen
and has remained a person with clean antecedent and all of a
sudden has been implicated in the instant case with general and
omnibus allegations.
5. Learned A.P.P. for the State, Mr. Chandra Bhushan
Prasad, opposes the anticipatory bail application of the
petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the age
of the petitioner, the petitioner above-named, in the event of his
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) with two sureties of the like
amount each to the satisfaction of the learned trial court where
Patna High Court CR. MISC. No.18862 of 2026(2) dt.06-04-2026
3/3
the case is pending/successor court in connection with Town
P.S. Case No. 158 of 2025 subject to the conditions as laid down
under Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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