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Patna High Court

Harendra PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to a bond, sureties and conditions of cooperation.

Summary

The petitioners, four members of the Paswan family, sought anticipatory bail after a FIR alleged they assaulted an informant's family with an iron rod and a gun butt over a wage dispute. The FIR named them among 18-20 accused and charged them under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) including assault and grievous hurt. The petitioners argued that the dispute was a simple wage conflict, they have no criminal antecedents, and the injuries were not to vital parts, with only one victim sustaining grievous injury. The State opposed bail on the ground of the grievous injury. Considering the general nature of the allegations, the lack of prior criminal record, and the wage‑related context, the court granted anticipatory bail subject to a bond, sureties, and conditions of cooperation with the investigation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners accused of offences under sections 191(2), 190, 126(2), 115(2), 109, 303(2), 47, 352 and 351(2) of the BNSS.
  • Whether the presence of a grievous injury to one victim precludes the grant of bail.
  • Whether the nature of the dispute (wage demand) and the petitioners' clean record justify bail despite the serious charges.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • grievous hurt
  • wage dispute
  • BNSS
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19009 of 2026
                 Arising Out of PS. Case No.-22 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
                 ======================================================
           1.     Harendra Paswan S/O Sunnar Paswan R/O Village- Dharampur Bande, ward
                  no.- 15, P.O and P.S- Patori, District -Samastipur.
           2.    Sanjay Paswan @ Sanjay Kumar S/O Harendra Paswan R/O Village-
                 Dharampur Bande, ward no.- 15, P.O and P.S- Patori, District -Samastipur.
           3.    Lalan Paswan S/O Rajendra Paswan R/O Village- Dharampur Bande, ward
                 no.- 15, P.O and P.S- Patori, District -Samastipur.
           4.    Abhay Kumar @ Abhay S/O Harendra Paswan R/O Village- Dharampur
                 Bande, ward no.- 15, P.O and P.S- Patori, District -Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhay Kumar, Advocate
                 For the Opposite Party/s :      Mr. Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   06-04-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

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

                   190, 126(2), 115(2), 109, 303(2), 47, 352 and 351(2) of the

                   B.N.S.

                                3.    The allegation in the First Information Report is

                   that the petitioners have assaulted the informant and his family

                   members by means of iron rod and butt of gun.

                                4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.19009 of 2026(2) dt.06-04-2026
                                            2/3




          although the names of these accused persons have been taken in

          the First Information Report, the allegation is against 18-20

          persons of assaulting the son of the informant, Abhishek Kumar

          and also assaulting the mother and wife of the informant causing

          injuries to them. It is further submitted that the informant is a

          contractor and there was a dispute with regard to payment to be

          made to the labourers, petitioners no.1 and 3 and others. It has

          further been submitted that in the dispute with regard to demand

          of wages, a free fight took place between the parties in which

          the injured persons suffered some injuries. However, Shankar

          Mahto and Abhishek Kumar suffered simple injuries and it is

          only Manjula Devi, who suffered grievous injury, but it is on the

          hip, wrist and bruise over left breast area caused by hard and

          blunt object, which are not on the vital parts of the body, as

          such, no offence under Section 109 of the B.N.S. would be

          attracted in the present case. While petitioners no.1 and 3 are

          labourers, and petitioners no.2 and 4 are students and they have

          no criminal antecedents.

                       5. Learned APP for the State opposed the prayer for

          anticipatory bail on the ground that one of the victims has

          suffered grievous injury.

                       6. Taking into consideration the facts and considering
            Patna High Court CR. MISC. No.19009 of 2026(2) dt.06-04-2026
                                                        3/3




                      the general and omnibus nature of allegations and also

                      considering the fact that dispute was with regard to demand of

                      wages and the petitioners have no criminal antecedent, let the

                      above named petitioners, be released on bail, in the event of

                      their arrest or surrender before the learned Court below within a

                      period of four weeks from today, 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 below

                      where the case is pending/successor Court in connection with

                      Shahpur Patori P.S. Case No. 22 of 2025, subject to the

                      condition as laid down under Section 438 (2) of the Cr.P.C/

                      Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita

                      (BNSS), 2023, subject to condition(s) that:

                                      (i)   One of the bailors will be their own family
                                      members.
                                      (ii) The petitioners shall co-operate with the
                                      investigation, if not already concluded and make
                                      themselves available as and when so required, failing
                                      which the prosecution will be at liberty to move
                                      cancellation of their bail bond.



                                                (Soni Shrivastava, J)
anand/-
U       T


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