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Patna High Court

Phulgen Paswan @ Phulgain PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, in the absence of the petitioners' names in the FIR and given only general allegations, anticipatory bail is warranted subject to prescribed conditions.

Summary

The petitioners, three residents of Mahinathpur, sought anticipatory bail fearing arrest in a case involving numerous offences under the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Arms Act. The FIR does not name them; their alleged involvement emerged later from CCTV footage, but no specific charge was framed against them. The State opposed bail, relying on the FIR allegations. The Court noted the absence of their names in the FIR and the presence of only general, omnibus allegations, and therefore granted them anticipatory bail, subject to a Rs.10,000 bond, two sureties, a relative as one bailor, and a condition to cooperate with the investigation, with cancellation possible upon non‑compliance. The order directs that bail be effected if they are arrested or surrender within four weeks.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner is not named in the FIR but is later implicated through CCTV footage without specific allegations.
  • Whether general and omnibus allegations in the FIR are sufficient to deny anticipatory bail.
  • Whether conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS may be imposed on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • FIR
  • general allegations
  • BNSS
  • Arms Act
  • bail conditions
  • police assault
  • mob violence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23472 of 2026
                    Arising Out of PS. Case No.-172 Year-2025 Thana- BASOPATTI District- Madhubani
                 ======================================================
           1.     Phulgen Paswan @ Phulgain Paswan S/O Ramsagar Paswan Resident of
                  Village- Mahinathpur, P.S- Basopatti, Distt.- Madhubani.
           2.    Rajendra Paswan S/O Dukhi Paswan Resident of Village- Mahinathpur, P.S-
                 Basopatti, Distt.- Madhubani.
           3.     Krishan Kumar S/O Bande Paswan Resident of Village- Mahinathpur, P.S-
                  Basopatti, Distt.- Madhubani.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhavesh Kumar Sah, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   18-04-2026                  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),

                   191(3), 190, 126(2), 115(2), 118(1), 109, 303(2), 132, 121(1),

                   121(2), 352 and 351(2) of the B.N.S. and Section 27 Arms Act.

                                3. As per the prosecution case, on 23.07.2025 co-

                   accused Bharat Paswan was stopped by the constable Raju

                   Kumar Ram and a verbal scuffle took place between them and

                   the said Bharat Paswan called one Lal Mohan Paswan and 50-60

                   people gathered and the said group was led by co-accused Lal

                   Mohan Paswan. It is alleged that the mob pushed constable Raju

                   Kumar Ram and started abusing and assaulting him and in the

                   meantime, unknown persons fired upon constable with intention
Patna High Court CR. MISC. No.23472 of 2026(2) dt.18-04-2026
                                            2/3




          to kill. Thereafter, Raju Kumar Ram fired three rounds from his

          rifle in his defence.

                       4. Learned counsel for the petitioners submits that, as

          many as, 18 persons have been named in the First Information

          Report along with 30-35 unknown persons who have been made

          an accused in the present FIR with allegations of entering into a

          verbal scuffle and then physical altercation with the police

          personnel. So far as the petitioner is concerned, it has been

          submitted that he has not been named in the FIR and his name

          has transpired subsequently during the course of investigation

          on the basis of CCTV footage, however, no specific allegation

          has been attributed to the petitioner. It is further submitted that

          other co-accused persons, namely, Raju Paswan and Ors. and

          Puran Prasad Sah have been granted the privilege of

          anticipatory bail by a Co-ordinate Bench of this Court vide

          order dated 24.11.2025 and 01.04.2026 passed in Cr. Misc.

          No.74796 of 2025 and Cr. Misc. No.18382 of 2026. It has also

          been submitted that petitioners will not abscond and would

          cooperate in the investigation.

                       5. Learned APP for the State opposed the prayer for

          anticipatory bail on the basis of allegations made in the First

          Information Report.
              Patna High Court CR. MISC. No.23472 of 2026(2) dt.18-04-2026
                                                           3/3




                                     6.     Taking      into     consideration      the    facts     and

                        circumstances and considering the fact that the petitioners are

                        not named in the First Information Report and more so, there are

                        general and omnibus allegations, 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

                        Basopatti P.S. Case No. 172 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,

                        subject to condition(s) that:

                                          (i) One of the bailors will be their own blood relative.
                                          (ii) The petitioners shall co-operate with the investigation,
                                          if not already concluded and make themselves available as
                                          and when so required, failing which the prosecution will be
                                          at liberty to move cancellation of their bail bond.




                                                   (Soni Shrivastava, J)
anand/-

U         T


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