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Patna High Court

Shivmuni PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Shivmuni Paswan, applied for anticipatory bail after being implicated in a FIR alleging assault with a lathi and possession of arms, leading to injuries to an informant and another individual. He claimed innocence, stating the incident arose from a land dispute and that the injuries were minor. The State opposed the bail, arguing the seriousness of the offences listed under the Bharatiya Nyaya Sanhita and the Arms Act. The court considered the petitioner’s clean antecedent, the nature of the allegations, and the circumstances of the case. It granted anticipatory bail, directing that if arrested within eight weeks, the petitioner must furnish a bail bond of Rs. 10,000 with two sureties and comply with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite charges under Sections 190, 191(2), 191(3), 126(2), 115(2), 109(1), 352, 75 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • criminal procedure
  • bail conditions
  • land dispute
  • injury

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19917 of 2026
                       Arising Out of PS. Case No.-356 Year-2024 Thana- KOCHAS District- Rohtas
                 ======================================================
                 Shivmuni Paswan S/O Late Basgit Paswan R/O Village- Mainpura, P.S-
                 Kochas, Distt.- Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rang Nath Pandey, Advocate
                 For the Opposite Party/s :       Mr. Bishweshwar Ram, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 190, 191(2), 191(3),

                   126(2), 115(2), 109(1), 352, 75 of the Bharatiya Nyaya Sanhita

                   and Section 27 of the Arms Act.

                                3. As per F.I.R., this petitioner assaulted informant

                   and one Surendra by means of lathi, due to which, they

                   sustained injuries.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. As a matter

                   of fact, dispute with regard to possession over land between the

                   parties resulted in altercation, in which, both sides sustained

                   injuries. Case and counter case. Injuries allegedly caused by this

                   petitioner is found to be simple. Petitioner claims clean
              Patna High Court CR. MISC. No.19917 of 2026(2) dt.07-04-2026
                                                          2/2




                        antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering backdrop of the case, nature of

                        accusation, injuries and clean antecedent, this anticipatory bail

                        is allowed and it is ordered that let the above named petitioner

                        in the event of his arrest/surrender before the court below within

                        a period of eight weeks from today, be enlarged on bail on

                        furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                        sureties of the like amount each to the satisfaction of learned

                        Sub-Judge-VIII-cum-CJM, Rohtas at Sasaram in connection

                        with Kochas P. S. Case No. 356 of 2024, subject to condition as

                        laid down under Section 482(2) of the Bharatiya Nagarik

                        Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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