Patna High Court
Hari Paswan @ Hare Ram Paswan @ Hreram PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions specified.
Summary
The petitioner, Hari Paswan, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita. The FIR alleged that co‑accused Vicky Kumar inflicted a sword blow on the informant while the petitioner was only said to have flashed a torch, with no direct allegation of assault against him. The petitioner asserted his innocence, highlighted the absence of any assault charge against him and pointed to his clean antecedent. The State opposed the bail application. Considering the nature of the accusation, the petitioner’s clean record and the lack of a specific assault allegation, the Court granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the allegations under the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s alleged act of flashing a torch constitutes an offence attracting the sections mentioned.
- Whether the petitioner’s clean antecedent and the lack of a direct assault allegation justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 118(1), 118(2), 318(4), 3(5), 61(2)
Subjects
- anticipatory bail
- clean antecedent
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20062 of 2026
Arising Out of PS. Case No.-175 Year-2025 Thana- Lakho District- Begusarai
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Hari Paswan @ Hare Ram Paswan @ Hreram Paswan Son of Ramji Paswan
Resident of Village- Raja Dumari Ward no. 02, P.S -Lakho, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 318(4), 118(1), 118(2),
109, 61(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., co-accused Vicky Kumar gave sword
blow upon the neck of informant and petitioner is alleged to
have flashed the torch.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Specific
accusation of assault is against co-accused Vicky Kumar and
petitioner is only alleged to have flashed the torch. There is
absolutely no allegation of any assault against petitioner.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
Patna High Court CR. MISC. No.20062 of 2026(2) dt.05-05-2026
2/2
the bail application.
6. Considering backdrop of the case, nature of
accusation 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 Judicial Magistrate,
1st Class, Begusarai in connection with Lakho P. S. Case No.
175 of 2025, 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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