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Patna High Court

Sarup Paswan @ Ramswarup PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, six members of the Paswan family and one woman, applied for anticipatory bail in a case where they were accused, along with other co‑accused, of assaulting an informant and his family over a dispute concerning stone chips on a road. The FIR alleged offences under Sections 126(2), 115(2), 352, 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioners argued that the allegations were based on a general and omnibus charge, the injuries were simple, and there was a counter‑case filed by them against the informant. The court noted the co‑villager relationship, the simplicity of injuries, and the existence of a counter‑case, and held that anticipatory bail could be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Accordingly, the application was allowed, directing the petitioners to furnish bail bonds of Rs 10,000 with two sureties each within four weeks of arrest or surrender.

Issues considered

  • Whether anticipatory bail can be granted to the accused despite the serious charges under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the nature of injuries and the existence of a counter‑case justify the grant of anticipatory bail.
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the court to release the petitioners on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482
  • criminal assault
  • simple injuries
  • co‑villagers

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2329 of 2026
                         Arising Out of PS. Case No.-176 Year-2025 Thana- NEORA District- Patna
                 ======================================================
           1.     Sarup Paswan @ Ramswarup Paswan S/o Rajnath Paswan R/o Village -
                  Jaitpur, P.S - Neura, District - Patna
           2.    Vikash Paswan @ Vikash Kumar S/o Sipat Paswan R/o Village - Jaitpur, P.S
                 - Neura, District - Patna
           3.    Nitish Paswan S/o Sipat Paswan R/o Village - Jaitpur, P.S - Neura, District -
                 Patna
           4.    Shakti Paswan @ Shakti Kumar S/o Sipat Paswan R/o Village - Jaitpur, P.S -
                 Neura, District - Patna
           5.    Amit Paswan @ Amit Kumar S/o Sipat Paswan R/o Village - Jaitpur, P.S -
                 Neura, District - Patna
           6.    Sugia Devi W/o Gopu Paswan R/o Village - Jaitpur, P.S - Neura, District -
                 Patna

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Kameshwar Singh
                 For the Opposite Party/s :        Mr.Ram Priya Sharan Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   28-01-2026         1.   Heard learned Counsel for the petitioners and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Neora Police Station Case No. 176 of 2025, dated

                            21.09.2025,       disclosing       offences      punishable           under

                            Sections 126(2)/115(2)/352/109(1)/3(5) of the Bhartiya

                            Nyaya Sanhita, 2023.

                       3.   The prosecution case, as per the First Information Report,
Patna High Court CR. MISC. No.2329 of 2026(2) dt.28-01-2026
                                            2/3




                   is that on 21.09.2025, in the evening, the petitioners,

                   along with other co-accused persons, total eleven in

                   numbers, armed with lathi, rod etc., arrived at the door of

                   the informant and started making noise for not allowing

                   them to remove the stone chips, which was lying in front

                   of his house for the purpose of road construction. The

                   petitioners and others assaulted the informant and his

                   family members with lathi and iron rod, causing head

                   injuries to them.

              4.   Learned Counsel for the petitioners submits that

                   altogether 11 persons have been made accused in this case

                   on the basis of general and omnibus allegation. The

                   informant is a petty contractor in the Panchayat and stone

                   chips was kept on the road, causing difficulty to the

                   accused persons and some of the accused persons told the

                   informant to remove the stone chips from the road, upon

                   which a scuffle took place between the parties. A counter

                   case has also been lodged by the side of the petitioners

                   against the informant and others, bearing Neora Police

                   Station Case No. 177 of 2025. Learned Counsel, referring

                   to the impugned orders, submits that three persons

                   sustained injuries, which are simple in nature and the
            Patna High Court CR. MISC. No.2329 of 2026(2) dt.28-01-2026
                                                        3/3




                               nature of injury caused to the informant has been kept

                               reserved.

                          5.   Regards being had to the submissions advanced on behalf

                               of the parties and taking into consideration the fact that

                               both the parties are co-villagers, there is case and counter

                               case and injuries sustained by the victims are simple in

                               nature, I am inclined to grant the petitioners privilege of

                               anticipatory bail.

                          6. This application is, accordingly, allowed.

                          7.   Let the petitioners, above named, in the event of their

                               arrest or surrender before the Court below within a period

                               of four weeks from today, be released on bail on

                               furnishing bail bonds of Rs. 10,000/- (ten thousand) each

                               with two sureties of the like amount each to the

                               satisfaction of learned 4th Additional Chief Judicial

                               Magistrate, Danapur, in connection with Neora Police

                               Station Case No. 176 of 2025, subject to the condition

                               laid down under Section 482 (2) of the Bharatiya Nagarik

                               Suraksha Sanhita, 2023.



                                                                          (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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