Patna High Court
Inardeo Paswan @ Indradeo PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioners, subject to a bail bond of Rs.10,000 and two sureties, under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Summary
The petitioners, a group of nine Paswan individuals, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for alleged assault on an informant and his family. The FIR alleged that the assault arose from a verbal altercation that escalated, with injuries described as simple abrasions caused by a blunt object. The petitioners argued that the incident was a spontaneous fight, that there is a case and counter‑case with the petitioners' case predating the FIR, and that they have no prior criminal record. The State opposed the bail, citing the seriousness of the offences listed in the FIR. Considering the nature of the injuries, the lack of prior criminal antecedents, and the overall circumstances, the court ordered that the petitioners be released on bail if arrested, subject to a Rs.10,000 bond and two sureties, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under Sections 191(2)(3), 190, 126(2), 115(2), 352, 109, 351(2)(3) and 303(2) of the BNSS.
- Whether the nature of the alleged injuries and the absence of prior criminal record justify granting bail.
- Whether the provisions of Section 438(2) Cr.P.C. and Section 482(2) BNSS permit the court to release the petitioners on bail pending trial.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2)(3), 303(2), 351(2)(3), 352, 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
- assault
- simple injuries
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23421 of 2026
Arising Out of PS. Case No.-553 Year-2025 Thana- MURLIGANJ District- Madhepura
======================================================
1. Inardeo Paswan @ Indradeo Paswan S/o Late Siyaram Paswan R/o Village -
Murliganj, Ward No. 11, P.S- Murliganj, District - Madhepura
2. Rajesh Paswan S/o Late Siyaram Paswan R/o Village - Murliganj, Ward No.
11, P.S- Murliganj, District - Madhepura
3. Nawal Paswan @ Nawal Paswan S/o Late Sugdeo Paswan R/o Village -
Murliganj, Ward No. 11, P.S- Murliganj, District - Madhepura
4. Pramod Paswan S/o Late Sugdeo Paswan R/o Village - Murliganj, Ward No.
11, P.S- Murliganj, District - Madhepura
5. Dashrath Paswan @ Dasath Paswan S/o Late Dhyani Paswan R/o Village -
Murliganj, Ward No. 11, P.S- Murliganj, District - Madhepura
6. Mukesh Paswan S/o Late Pulthu Paswan R/o Village - Murliganj, Ward No.
11, P.S- Murliganj, District - Madhepura
7. Arjun Paswan S/o Deepo Paswan R/o Village - Murliganj, Ward No. 11, P.S-
Murliganj, District - Madhepura
8. Amod Paswan @ Budhu Paswan S/o Newal Paswan R/o Village - Murliganj,
Ward No. 11, P.S- Murliganj, District - Madhepura
9. Rupesh Paswan @ Rupesh Kumar S/o Dani Paswan R/o Village - Murliganj,
Ward No. 11, P.S- Murliganj, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Thakur Brajesh Singh, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 191(2)(3),
190, 126(2), 115(2), 352, 109, 351(2)(3), 303(2) of the B.N.S.
Patna High Court CR. MISC. No.23421 of 2026(2) dt.17-04-2026
2/3
3. The allegation in the First Information Report is
that the petitioners along with other co-accused persons have
assaulted the informant and his family members.
4. Learned counsel for the petitioners submits that the
First Information Report itself would indicate that the
occurrence took place at the spur of moment as there was some
verbal altercation between the parties which escalated into
physical assault. It is submitted that, as many as, 10 persons
have been named in the FIR and the initial allegation of
assaulting the informant is upon co-accused Budhu Paswan. It
has also been submitted that there is case and counter case and
the case filed on the side of the petitioner is earlier on the point
of time (Annexure-P/3). Learned counsel further submits that
the injuries sustained by both injured persons i.e. the informant
and his brother, namely, Kundan Kumar, are in the nature of
abrasion caused by hard and blunt substance and is simple in
nature. The petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the general and omnibus nature
Patna High Court CR. MISC. No.23421 of 2026(2) dt.17-04-2026
3/3
of allegations, coupled with the fact that the injuries are simple
in nature, let the above named petitioners, be released on bail, in
the event of their arrest or surrender before the learned Court
below within a period of four weeks from today, on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor Court in
connection with Murliganj P.S. Case No. 553 of 2025, subject to
the condition as laid down under Section 438 (2) of the Cr.P.C/
Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023.
(Soni Shrivastava, J)
anand/-
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