Patna High Court
Monu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioners subject to prescribed conditions.
Summary
The petitioners—Monu Paswan, Banti Paswan, Kundan Paswan and Brajesh Paswan—were arrested on 5 December 2025 in connection with FIR No. 04/12/2025 relating to offences under Sections 126(2), 115(2), 109(1), 118(1), 74, 303(2), 352, 352(2) and 3(5) of the Bihar Narcotic Substances Act, 2023. The prosecution alleged that the accused, armed with deadly weapons, brutally assaulted an informant and his family. The petitioners contended that they have a clean antecedent, were falsely implicated, and that the FIR contains only a general, omnibus allegation against them, with the specific assault charge directed at a co‑accused. The learned Additional Public Prosecutor opposed bail, while counsel for the petitioners urged release. The Court, noting the absence of specific allegations, the existence of a case‑and‑counter‑case, and the petitioners' clean record, granted bail on a cash bond of Rs. 10,000 each with two sureties and imposed standard conditions for cooperation, appearance, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the offences alleged under the Bihar Narcotic Substances Act, 2023.
- Whether the lack of specific allegations against the petitioners, coupled with their clean antecedent, warrants the grant of bail.
- Whether the existence of a case‑and‑counter‑case between the parties influences the bail decision.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 352, 352(2), 74
Subjects
- bail
- criminal procedure
- clean antecedent
- omnibus allegation
- case and counter case
- Bihar Narcotic Substances Act
- high court
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19404 of 2026
Arising Out of PS. Case No.-870 Year-2025 Thana- AMARPUR District- Banka
======================================================
1. Monu Paswan S/o Buttan Paswan @ Bateswar Paswan R/o Village -
Vishwambhar Chak, P.S - Amrpur, District - Banka
2. Banti Paswan S/o Buttan Paswan @ Bateswar Paswan R/o Village -
Vishwambhar Chak, P.S - Amrpur, District - Banka
3. Kundan Paswan @ Bhatal Paswan S/o Buttan Paswan @ Bateswar Paswan
R/o Village - Vishwambhar Chak, P.S - Amrpur, District - Banka
4. Brajesh Paswan @ Brajesh Kumar S/o Bhairo Paswan R/o Village -
Vishwambhar Chak, P.S - Amrpur, District - Banka
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr. Pankaj Kumar, learned counsel for the
petitioners and Mr. Bharat Bhushan, learned Additional Public
Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
05.12.2025 in connection with Amarpur P.S. Case No. 870 of
2025, F.I.R. dated 04.12.2025 for the offences punishable under
Sections 126(2), 115(2), 109(1), 118(1), 74, 303(2), 352, 352(2)
and 3(5) of the BNS, 2023.
3. According to prosecution case, all the accused
persons including these petitioners armed with deadly weapons
brutally assaulted the informant and his family members due to
which they received several injuries.
Patna High Court CR. MISC. No.19404 of 2026(2) dt.31-03-2026
2/3
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. It appears from the FIR that due
to some petty dispute the present case has taken place. There is
case and counter case between the parties. Although the
petitioners are named in the FIR but there is no specific
allegation of assault or overt act attributed against these
petitioners rather there is general and omnibus allegation against
them and the specific allegation of assault is against the co-
accused, namely, Pandav Paswan who has assaulted to the father
of the informant by means of Gadasa. He further submits that
the police after investigation submitted the charge sheet against
the petitioners. The petitioners are in custody since 05.12.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent, there is case and
counter case between the parties and there is no specific
allegation against these petitioners, let the petitioners, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Patna High Court CR. MISC. No.19404 of 2026(2) dt.31-03-2026
3/3
Magistrate, Banka in connection with Amarpur P.S. Case No.
870 of 2025, subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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