Patna High Court
Gappu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Summary
The petitioners, four residents of Jaitpur village, were accused in Neora Police Station Case No. 176 of 2025 for allegedly assaulting an informant and his family with lathis and iron rods over a dispute concerning stone chips on a road. They sought anticipatory bail, arguing that the charges were based on a general and omnibus allegation and that the injuries sustained by the victims were simple. The State opposed the bail, contending the seriousness of the offences under Sections 126(2), 115(2), 352, 109(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The Court noted that both parties were co‑villagers, a counter‑case existed, and the injuries were not grave, and it considered the precedent where co‑accused had been granted anticipatory bail in Cr. Misc. No. 2329 of 2026. Relying on Section 482(2) of the Bharitya Nagrik Suraksha Sanhita, the Court granted anticipatory bail to the petitioners subject to a bail bond and sureties. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the alleged offences under the Bhartiya Nyaya Sanhita, 2023.
- Whether the presence of a counter‑case and simple nature of injuries justify bail.
- Whether Section 482(2) of the Bharitya Nagrik Suraksha Sanhita permits the Court to discharge the petitioners on anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 3(5), 352
Subjects
- anticipatory bail
- general and omnibus allegation
- simple injuries
- Section 482
- Bhartiya Nyaya Sanhita
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18947 of 2026
Arising Out of PS. Case No.-176 Year-2025 Thana- NEORA District- Patna
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1. Gappu Paswan S/o Sharup Paswan @ Ramshrup Paswan R/o Vill- Jaitpur,
P.S.- Neura, Distt- Patna
2. Sonu Paswan S/o Sharup Paswan @ Ramshrup Paswan R/o Vill- Jaitpur,
P.s.- Neura, Distt- Patna
3. Arvind Paswan S/o Sharup Paswan @ Ramshrup Paswan R/o Vill- Jaitpur,
P.s.- Neura, Distt- Patna
4. Kajal Devi W/o Sakati Paswan R/o Vill- Jaitpur, P.s.- Neura, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kameshwar Singh, Adv
For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 29-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
case in connection with Neora Police Station Case No. 176 of
2025, dated 21.09.2025, disclosing offences punishable under
Sections 126(2)/115(2)/352/109(1)/3(5) of the Bhartiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, on 21.09.2025, in the
evening, the petitioners along with other co-accused persons,
total eleven in numbers, armed with lathi, rod etc., arrived at the
door of the informant and started making noise for not allowing
Patna High Court CR. MISC. No.18947 of 2026(3) dt.29-04-2026
2/3
them to remove the stone chips, which was lying in front of his
house for the purpose of road construction. The petitioners and
others assaulted the informant and his family members with
lathi and iron rod, causing head injuries to them.
4. Learned Counsel for the petitioners submits that
altogether 11 persons have been made accused in this case on
the basis of general and omnibus allegation. The informant is a
petty contractor in the Panchayat and stone chips was kept on
the road, causing difficulty to the accused persons and some of
the accused persons told the informant to remove the stone chips
from the road, upon which a scuffle took place between the
parties. A counter case has also been lodged by the side of the
petitioners against the informant and others, bearing Neora
Police Station Case No. 177 of 2025. Learned Counsel, referring
to the impugned orders, submits that three persons have
sustained injuries, which are simple in nature and the nature of
injury caused to the informant has been kept reserved. Learned
counsel for the petitioner submits that that similarly situated co-
accused persons have been granted anticipatory bail by a co-
ordinate Bench of this Court vide order dated 28.01.2026 passed
in Cr. Misc. No. 2329 of 2026.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.18947 of 2026(3) dt.29-04-2026
3/3
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Regards being had to the submissions advanced on
behalf of the parties and taking into consideration the fact that
both the parties are co-villagers, there is case and counter case
and injuries sustained by the victims are simple in nature, I am
inclined to grant the petitioners privilege of anticipatory bail and
accordingly, let the above named petitioners, in the event of
their arrest/surrender within a period of six weeks from today,
be enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees Ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned court
concerned, Neora Police Station Case No. 176 of 2025, subject
to the conditions as laid down under Section 482(2) of the
Bharitya Nagrik Suraksha Sanhita (B.N.S.S.).
7. The application stands allowed.
(Praveen Kumar, J)
niku/-
U T
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