Patna High Court
Sarup Paswan @ Ramswarup PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 3(5), 352
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/-
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