Patna High Court
Aman Paswan @ Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to anticipatory bail as the allegations point to a free fight/self‑defence and he has a clean antecedent.
Summary
The petitioner, Aman Paswan, was implicated in an FIR (Imamganj PS Case No. 216 of 2025) alleging assault with a lathi causing head injury to the informant, under several sections of the Bharatiya Nyaya Sanhita. He contended that the incident was a mutual fight and that any injury he caused was in self‑defence, asserting a clean criminal antecedent. The State opposed his request for pre‑arrest (anticipatory) bail. The High Court examined the FIR and noted a case‑and‑counter‑case scenario indicating a free fight, and held that the petitioner had a prima facie case for bail. Consequently, the Court directed the District Court to grant anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to verification of any pending cases and compliance with Section 482(2) of the B.N.S.S. The order effectively releases the petitioner on bail if arrested within four weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory/pre‑arrest bail under Section 482(2) of the Bharatiya Nyaya Sanhita given the nature of the alleged offences.
- Whether the allegations of assault constitute a case where bail should be denied.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 351(2), 482(2)
Subjects
- anticipatory bail
- pre‑arrest bail
- self‑defence
- assault
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20446 of 2026
Arising Out of PS. Case No.-216 Year-2025 Thana- IMAMGANJ District- Gaya
======================================================
Aman Paswan @ Aman Kumar S/O Sarjun Paswan @ Sarvajun Paswan R/O
Village- Karmauna, Karmaun, P.S.- Imamganj, Dist.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Advocate
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-04-2026 Heard Mr. Vijay Kumar, learned counsel appearing
on behalf of the petitioner and Mr. Umeshanand Pandit, learned
APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection
with Imamganj P.S. Case No. 216 of 2025 registered under
Sections 191(2), 190, 126(2), 115(2), 117(2), 109, 351(2) of the
Bharatiya Nyaya Sanhita.
3. As per the allegation made in the FIR, the
informant was allegedly called by the accused persons and taken
near his house, where they, including the petitioner, assaulted
him with lathi and rod, causing head injuries, and he was
rescued upon intervention of his family members.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and has been
Patna High Court CR. MISC. No.20446 of 2026(2) dt.08-04-2026
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falsely implicated in the present case due to enmity. Despite
allegations of assault by several persons, the informant has
sustained only one simple injury. The case and counter-case
between the parties. The petitioner, in his self-defense, may
have caused some injury on the person of the informant, without
intention. The petitioner has clean antecedent. On these grounds,
the petitioner seeks to be released on bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well as, upon perusal of the FIR, this
Court finds that there is a case and counter case between the
parties arising out of the same occurrence, which prima facie
indicates a free fight. The petitioner, in his self-defense, may
have caused some injury on the person of the informant, without
intention. I am of the opinion that the petitioner having clean
antecedent has, prima facie, made out a case to be released on
pre-arrest bail.
7. The learned District Court is directed to release the
petitioner on anticipatory bail, in the event of his arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.20446 of 2026(2) dt.08-04-2026
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(Ten thousand) with two sureties of the like amount each, to the
satisfaction of learned District Court where the case is pending
in connection with Imamganj P.S. Case No. 216 of 2025, subject
to the condition as laid down under Section 482(2) of the
B.N.S.S.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner, as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner, as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Ashishsingh/-
U T
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