Patna High Court
Shivmuni PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 190, 191(2), 191(3), 352, 75
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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