Patna High Court
Harendra PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 351(2), 352, 438(2), 47, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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/-
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