Patna High Court
Rajkumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court directed that the trial court may release the petitioners on bail if a settlement is reached; otherwise, the trial court must decide the bail application on its own merits.
Summary
The petitioners, four Paswan brothers from Fatehpur village, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in connection with FIR No. 62 of 2025 alleging assault with iron rods and other weapons under multiple sections of the Bhartiya Nyay Sanhita, 2023. The prosecution opposed bail, noting that a separate FIR under the SC/ST Act had been lodged by female members of the petitioners' family against the informant. The court observed that both parties belong to the same village and are embroiled in a serious inter‑family dispute, and that the Sessions Court had already disposed of a prior bail application without rejecting it. The High Court disposed of the present anticipatory bail application, directing the trial court to grant bail if the parties appear with a settlement, otherwise to decide the bail application on its merits. The order also directed the informant to cooperate in any settlement process.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482 of the BNSS, 2023 in view of the FIR alleging assault under the BNYS, 2023.
- Whether the existence of a counter FIR under the SC/ST Act against the informant influences the grant of anticipatory bail.
- Whether the trial court should condition bail on the parties reaching a settlement.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyay Sanhita, 2023 — s. 110, 115(2), 126(2), 303(2), 3(5), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- BNYS 2023
- inter‑family dispute
- settlement
- SC/ST Act
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20111 of 2026
Arising Out of PS. Case No.-62 Year-2025 Thana- SIMRI District- Darbhanga
======================================================
1. Rajkumar Paswan S/o Bhola Paswan R/o Village - Fatehpur, P.S - Simri,
District - Darbhanga
2. Arun Paswan @ Arun Kumar Paswan S/o Bhola Paswan R/o Village -
Fatehpur, P.S - Simri, District - Darbhanga
3. Kashideo Paswan S/o Bhola Paswan R/o Village - Fatehpur, P.S - Simri,
District - Darbhanga
4. Hira Paswan @ Hiralal Paswan S/o Bhola Paswan R/o Village - Fatehpur,
P.S - Simri, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 07-05-2026 Heard Learned Counsel for the petitioners and
Learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioners who apprehend arrest
in connection with Simri Bazar P.S. Case No. 62 of 2025,
lodged on 06.03.2025, under Sections 126(2)/115(2)/110/
303(2)/351(2)/352/3(5) of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
Patna High Court CR. MISC. No.20111 of 2026(3) dt.07-05-2026
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six named accused persons including the present petitioners
against whom allegation is that they have assaulted the
informant with iron rod, lathi, danda etc. along with other
family members of the informant. One of the accused persons is
Chaukidar.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. He
submits that all the allegations are general and omnibus in
nature. He also submits that there is case and counter case
between the parties. Counsel for the petitioners also submits that
antecedent of the petitioners is clean.
5. Learned APP for the State opposes the prayer for
bail of the petitioners but fairly submits that the present FIR has
been lodged by the informant on 06.03.2025 against the
petitioners and others whereas on 10.03.2025 another FIR was
lodged under the SC/ST Act against the present informant by the
female members of the petitioners family.
6. From the record, it transpires that both parties are
residents of the same village and, instead of living
harmoniously, they are engaged in serious disputes with each
other. It also transpires to this Court that the learned Sessions
Court has not rejected the bail application; rather, the same has
Patna High Court CR. MISC. No.20111 of 2026(3) dt.07-05-2026
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been disposed of.
7. In this background, the present application is also
disposed of with a direction to the Trial Court that, if both
parties appear before it with a settlement, the Trial Court shall
release them on bail; otherwise, it shall decide the bail
application on its own merits in accordance with law. It is made
clear that the informant shall cooperate in the process of
settlement.
(Dr. Anshuman, J)
Mkr./-
U T
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