Patna High Court
Pawan Kumar @ Pawan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application is rejected.
Summary
The petitioner, Pawan Kumar (also known as Pawan Paswan), sought anticipatory bail fearing arrest in connection with a criminal case (Ara Nawada P.S. Case No. 577 of 2025) involving offences under sections 191(2), 126(2), 115(2), 74, 76, 79, 351(2) and 352 of the Bihar statutes. The prosecution alleged that the petitioner and others assaulted the complainant, causing a head injury with an iron rod and also outraged her modesty, with the injury recorded as grievous. The petitioner contended that the FIR was exaggerated and that all family members were improperly implicated. The State highlighted the seriousness of the injury and the nature of the offences. After considering the submissions, the Court rejected the anticipatory bail application, directing that if the petitioner surrenders within four weeks, the matter will be taken up for disposal on the same day.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged assault, grievous injury and outraging of modesty.
- Whether the FIR is exaggerated to the extent that bail can be justified.
Legislation cited
- Bihar Police Act — s. 74, 76, 79
- Indian Penal Code — s. 115, 126, 191, 351, 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- grievous hurt
- outraging modesty
- FIR
- Indian Penal Code
- Bihar Police Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21278 of 2026
Arising Out of PS. Case No.-577 Year-2025 Thana- ARA NAWADA District- Bhojpur
======================================================
Pawan Kumar @ Pawan Paswan S/o Ram Kumar Ram R/o - Moh - Jawahar
Tola,Ara, P.S - Ara Nawada, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Bhawana Jha, Adv.
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 19-05-2026 Heard Mr. Manoj Kumar, learned counsel for the
petitioner and the State.
2. The petitioner apprehends his arrest in connection
with Ara Nawada P.S. Case No. 577 of 2025 for the offence
registered under sections 191(2), 126(2), 115(2), 74, 76, 79,
351(2), 352 of BNS.
3. As per the prosecution story, the informant alleged
that the accused persons came and after abuse, the assault took
place. She was also called a witch. The allegation of assault is
mainly on Ram Kumar and Pawan Paswan of giving iron rod
blow causing head injury, while allegation of outraging the
modesty has been assigned to Pawan Paswan, Vishal Kumar and
Sahil Kumar. The injured was taken to the hospital and then the
FIR.
Patna High Court CR. MISC. No.21278 of 2026(3) dt.19-05-2026
2/2
4. Learned counsel for the petitioner submits that
exaggerated FIR is there in which each and every family
members have been implicated.
5. Learned APP on the other hand has taken this Court
to the learned Sessions Judge order to show that one of the
injury has been found to be grievous in nature.
6. Considering the submissions of the parties and the
nature of allegation that has come against the petitioner, the
anticipatory bail application stands rejected.
7. However, if the petitioner surrenders within four
weeks from today, the Court concerned shall take up the matter
and dispose it of preferably on the same day.
(Rajiv Roy, J)
Vijay Singh/-
U T
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