Patna High Court

Devendra PaswanversusThe State of Bihar

Decided: 30 April 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted anticipatory bail to the petitioner, subject to a bond and sureties, under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.

Summary

The petitioner, Devendra Paswan, sought anticipatory bail fearing arrest in a case registered under Sections 137(2), 352 and 3(5) of the B.N.S., where the FIR alleged that his son Sujit Paswan kidnapped the informant's daughter. The petition contended that the primary suspicion lay against Sujit, arising from a love relationship between the victim and Sujit, and that the petitioner was implicated only because he is the father and had a verbal altercation with the informant. The State opposed the bail application. The Court, after considering that the allegations primarily target the son and stem from a consensual relationship, granted anticipatory bail to the petitioner, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S. The order directs surrender within four weeks if arrested.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 438 Cr.P.C. in view of the allegations against his son.
Whether the love relationship between the victim and the petitioner's son negates the necessity of bail for the petitioner.
Whether the conditions imposed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S. are appropriate.

Legislation cited

B.N.S. — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
kidnapping
love relationship
Criminal Procedure Code
Section 438
Section 482
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24866 of 2026
                        Arising Out of PS. Case No.-574 Year-2025 Thana- HILSA District- Nalanda
                 ======================================================
                 Devendra Paswan S/o Late Indradeo Paswan R/o Village - Trilokgola, P.S. -
                 Hilsa, Dist. - Nalanda.
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manendra Kumar Sinha
                 For the Opposite Party/s :       Mr. Ahmad Ali
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   30-04-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in a case

                   registered for the offence punishable under Sections 137(2),

                   352, 3(5) of the B.N.S.

                                3. As per FIR, daughter of the informant was

                   kidnapped by the son of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   present case arises out of a love relationship between the victim

                   and the petitioner’s son Sujit Paswan. It would appear from the

                   First Information Report itself that the main suspicion is against

                   Sujit Paswan and the petitioner has only been made an accused

                   on account of the fact that he happens to be the father and has

                   indulged in some verbal altercation with the informant. It is

                   further submitted that the victim and the petitioner’s son are
             Patna High Court CR. MISC. No.24866 of 2026(2) dt.30-04-2026
                                                         2/2




                       now staying together.

                                    5. Learned APP for the State has opposed the

                       application for anticipatory bail.

                                        6. Taking into consideration the facts and

                       circumstances and also considering the fact that the allegation at

                       best would feature only against the petitioner’s son and that too

                       arises out of a love relationship, let the above named petitioner

                       in the event of his arrest or surrender before the learned Court

                       below within a period of four weeks from today, be enlarged on

                       bail on furnishing bail bond of Rs.10,000/- (Rupees Ten

                       Thousand) 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 Hilsa P.S. Case No.

                       574 of 2025, subject to the condition as laid down under Section

                       438 (2) of the Cr.P.C./482(2) of the B.N.S.S.



                                                 (Soni Shrivastava, J)
devendra/-

U      T

Continue reading with your account

Checking your session…