Patna High Court
Abhinandan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioners, Abhinandan Paswan and Manish Paswan, filed an anticipatory bail application fearing arrest in a case registered under Sections 126(2), 115(2), 117(2), 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita. The FIR alleges that they, along with others, assaulted the informant and his family with lathis and rods, causing six injuries, four of which were deemed grievous. The petitioners contended that they are innocent, that the assault allegation is vague and general, and that they have a clean antecedent. The State opposed the bail, relying on the seriousness of the offences and the nature of the injuries. The Court, after hearing counsel, refused the prayer for anticipatory bail, holding that the nature of the accusation and the injuries warranted denial of bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the offences alleged in the FIR.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 3(5), 352
Subjects
- anticipatory bail
- assault
- Bharatiya Nyaya Sanhita
- criminal procedure
- clean antecedent
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18955 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- ARIYARI District- Sheikhpura
======================================================
1. Abhinandan Paswan S/o- Balmiki Paswan Resident of vill- Ekrany PS-
Ariyari Dist- Sheikhpura
2. Manish Paswan @ Manish Pawan @ Pawan Kumar S/o- Balmiki Paswan
Resident of vill- Ekrany PS-Ariyari Dist- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, A.P.P.
For the Informant : Mr. Sheo Nandan Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-04-2026 Heard learned counsel for the petitioners, informant
and the State.
2. Petitioners apprehend arrest in Ariyari P. S. Case
No. 05 of 2026 registered for the offences punishable under
Sections 126(2), 115(2), 117(2), 109, 352, 3(5) of the Bharatiya
Nyaya Sanhita.
3. As per F.I.R., these petitioners along with other
accused persons assaulted informant and his family members by
means of lathi, danda, rods as a result of which, informant
sustained six injuries. Doctor has found four injuries to be
grievous.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.18955 of 2026(2) dt.21-04-2026
2/2
petitioners are innocent and have committed no offence.
Allegation of assault is general and omnibus. Petitioners claim
clean antecedent.
5. Considering the nature of accusation and injuries,
prayer for anticipatory bail of the petitioners is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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