Patna High Court
Awnish Kumar @ Avanish Kumar @ Lalan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed anticipatory bail to the petitioners.
Summary
The petitioners, Awnish Kumar and Vishal Kumar, sought anticipatory bail after fearing arrest in a case registered under Sections 109, 103, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita. The FIR alleged that Vishal Kumar tied the legs of Vaidyanath Paswan, while other co‑accused were accused of assault and murder. The petitioners contended that they were falsely implicated due to village politics and that no overt act was alleged against Awnish Kumar. The State opposed the bail, arguing the seriousness of the accusations. The Court examined the nature of the allegations, the lack of direct involvement of the petitioners, and their clean antecedents, and concluded that anticipatory bail was appropriate. Accordingly, the Court granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties each, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the FIR allegations under the Bharatiya Nyaya Sanhita
- Whether the petitioners are likely to be arrested and whether the allegations constitute sufficient ground to deny bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103, 109, 3(5), 61(2)
Subjects
- anticipatory bail
- false implication
- village politics
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482(2)
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21181 of 2026
Arising Out of PS. Case No.-162 Year-2025 Thana- PUNAURA District- Sitamarhi
======================================================
1. Awnish Kumar @ Avanish Kumar @ Lalan Paswan S/o Late Vishwanath
Paswan Resident of Village- Raghopur @ Raghopur Bakhari, P.S.- Punaura,
Dist.- Sitamarhi
2. Vishal Kumar S/o Late Vishwanath Paswan Resident of Village- Raghopur
@ Raghopur Bakhari, P.S.- Punaura, Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 109, 103, 61(2), 3(5) of
the Bharatiya Nyaya Sanhita.
3. As per F.I.R., petitioner no. 2 along with co-
accused Lalan Paswan is alleged to have tied the legs of
Vaidyanath Paswan whereas, co-accused Rajiv Kumar gave
knife blow on his head. It is further alleged that co-accused
Subodh Paswan killed the brother of informant by strangulation.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Patna High Court CR. MISC. No.21181 of 2026(2) dt.05-05-2026
2/2
Petitioners have falsely been implicated in this case due to
village politics. Petitioner no. 2 is only alleged to have tied legs
of Vaidyanath Paswan and there is absolutely no allegation of
any overt act against petitioner no. 1. Specific accusation of
assault is against other accused persons. Petitioners claim clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and other facts
and circumstances of the case, this anticipatory bail is allowed
and it is ordered that let the above named petitioners in the event
of their 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) each with two sureties
of the like amount each to the satisfaction of learned Judicial
Magistrate, 1st Class, Sitamarhi in connection with Punaura P. S.
Case No. 162 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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