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Patna High Court

Gappu PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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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