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Patna High Court

Maksudan Paswan @ Masudan PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

Maksudan Paswan applied for anticipatory bail under Section 438 of the CrPC and Section 482(2) of the Bihar Negotiable Statutes, 2023, in connection with a FIR alleging assault, use of lathi and bullet firing, and offences under several sections of the BNS and Section 27 of the Arms Act. The FIR described an incident on 8 October 2025 where the petitioner, along with others, allegedly assaulted a neighbour over a land dispute, causing simple injuries. The petitioner argued he had no prior criminal record, the injury was minor, and a counter‑case had been filed by him. The court considered the neighbourly relationship, the land dispute, the lack of antecedents, and the nature of the injury. Finding the allegations general and the injury simple, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties within four weeks, subject to the conditions of Section 438 CrPC and Section 482(2) BNS.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged offences under Sections 126(2), 115(2), 109(1), 35(1), 352, 3(5) of the BNS, 2023 and Section 27 of the Arms Act.
  • Whether the petitioner’s lack of criminal antecedent, the simple nature of injury, and the existence of a land‑dispute counter‑case justify the grant of bail under Section 438 CrPC and Section 482(2) BNS.

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • Bihar Negotiable Statutes
  • Arms Act
  • assault
  • land dispute
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA

                              CRIMINAL MISCELLANEOUS No.2416 of 2026
                          Arising Out of PS. Case No.-573 Year-2025 Thana- BARH District- Patna
                 ======================================================
                 Maksudan Paswan @ Masudan Paswan S/o Sato Paswan R/o vill - Berhana,
                 P.S.- Barh, Distt.- Patna


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar Kashyap
                 For the Opposite Party/s :        Mr. Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

                                                   ORAL ORDER

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

                   learned Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Barh Police Station Case No. 573 of 2025,

                   disclosing offences under Sections 126(2), 115(2), 109(1),

                   35(1), 352, 3(5) of the BNS, 2023 and Section 27 of the Arms

                   Act.

                                   3. As per the FIR, on 08.10.2025, in the morning, at

                   about 9 am, while the informant was alone in her home, the

                   petitioner along with other accused persons arrived there,

                   abused the informant and assaulted her by lathi and danda on

                   the head. It has further been alleged that five rounds of bullet
Patna High Court CR. MISC. No.2416 of 2026(2) dt.28-01-2026
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          were fired by the petitioner in air.

                          4. Learned counsel for the petitioner submits that

          both the parties are neighbors and there is previous land dispute

          between them. The petitioner is having no criminal antecedent

          and the injury caused to the informant is simple in nature. The

          allegation against the petitioner is general and omnibus in

          nature. A counter case has also been lodged by the side of the

          petitioner bearing Barh P.S. Case No. 574 of 2025.

                          5. Having regard to the submissions made on

          behalf of the parties and taking into consideration the fact that

          both the parties are neighbors having land dispute, case and

          counter-case is also there, the petitioner is having no criminal

          antecedent and the injury caused to the informant is simple in

          nature, I am inclined to grant the petitioner privilege of

          anticipatory bail.

                          6. This application is, accordingly, allowed.

                          7. Let the petitioner, above named, in the event of

          his arrest or surrender before the Court below within four

          weeks, be released on bail on furnishing bail bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Additional Chief Judicial

          Magistrate 1st, Barh, Patna, in connection with Barh Police
           Patna High Court CR. MISC. No.2416 of 2026(2) dt.28-01-2026
                                                       3/3




                     Station Case No. 573 of 2025, subject to the condition laid

                     down under Section 438 (2) of the Code of Criminal

                     Procedure/Section 482(2) of the BNSS, 2023.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T


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