Patna High Court
Ganga Sagar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court conditionally ordered that pre‑arrest bail be granted, subject to verification of the victim’s injury and the petitioner’s criminal antecedent.
Summary
Ganga Sagar Paswan applied for pre‑arrest bail in a 2017 case alleging assault and related offences under Sections 341, 323, 325, 307, 504, 506/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. The FIR alleges that Paswan and co‑accused assaulted an informant over liquor, but no liquor was recovered from Paswan. Paswan claimed innocence, asserted that the allegations were ornamental, and highlighted his clean antecedent. The State opposed bail. The High Court, after reviewing the FIR, directed the District Court to verify the nature of the victim’s injury and Paswan’s criminal antecedent; if the injury is simple and no other cases are pending, Paswan may be released on pre‑arrest bail with a Rs 10,000 bond and two sureties, subject to Section 438(2) and 482(2) CrPC. The bail application was disposed with these conditions.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving assault, grievous hurt and attempted murder where no liquor was recovered from the petitioner.
- Whether the petitioner’s clean antecedent and lack of material evidence justify granting bail.
- Whether the conditions prescribed under Section 438(2) and Section 482(2) of the Criminal Procedure Code are satisfied.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 307, 323, 325, 341, 504, 506/34
Subjects
- pre‑arrest bail
- assault
- IPC sections
- Section 438 CrPC
- criminal antecedent
- Bihar Prohibition Act
- injury verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21246 of 2026
Arising Out of PS. Case No.-31 Year-2017 Thana- MAHISHI District- Saharsa
======================================================
Ganga Sagar Paswan S/o Ramkisun Paswan @ Ramkishun Paswan R/O Vill.-
Pastwar, P.S.- Mahishi, Dist.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarnath Jha, Advocate.
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Mahishi P.S. Case No. 31 of 2017 registered for the offence
punishable under Sections 341, 323, 325, 307, 504 and 506/34
of the Indian Penal Code and Section 30(a) of the Bihar
prohibition and Excise Act, as amended uptodate.
3. As per the allegation made in the F.I.R., while the
petitioner along with other co-accused was consuming liquor,
informant objected to sell wine, to this, all the accused persons
including the petitioner assaulted the informant and his family
members.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and the
Patna High Court CR. MISC. No.21246 of 2026(2) dt.16-04-2026
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allegation alleged against the petitioner is ornamental. There is
no recovery of liquor from the possession of the petitioner. The
police has submitted the final form in absence of any material or
evidence collected in course of investigation. The petitioner has
clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R., there is no recovery of liquor from the possession of
the petitioner, so far as injury sustained by the victim is
concerned, learned District Court is directed to verify the injury
sustained by the victim and if it is found that the injury which is
attributable to the petitioner is simple in nature, the petitioner,
above named, be released on pre-arrest bail, in the event of his
arrest or surrender before the Court below within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of the like amount each to the
satisfaction of the learned District Court where the case is
pending in connection with Mahishi P.S. Case No. 31 of 2017,
subject to the condition as laid down under Section 438(2)
Cr.P.C / 482(2) BNSS.
Patna High Court CR. MISC. No.21246 of 2026(2) dt.16-04-2026
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7. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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