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Patna High Court

Sudheer Kumar Paswan @ Sudhir Kumar @ Sudhir PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to conditions under Section 438(2) of the Criminal Procedure Code.

Summary

The petitioners sought anticipatory bail fearing arrest in a case (Rajoun P.S. Case No. 395 of 2022) involving offences under Sections 341, 323, 307, 379, 504, 506 and 34 of the IPC. The prosecution alleged that the petitioners, along with other accused, assaulted an informant and his wife with weapons near a water tank. The petitioners argued that the FIR contains a general and omnibus allegation, the injuries were simple, they have no criminal antecedent, and other co‑accused have already been granted anticipatory bail. The State opposed the bail on the ground of the seriousness of the offences. The Court, after considering the nature of the allegations and the simplicity of the injuries, granted anticipatory bail subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and compliance with Section 438(2) CrPC/Section 482(2) of the B.N.S.S. The order was pronounced by Justice Smt. Soni Shrivastava.

Issues considered

  • Whether anticipatory bail should be granted in a case involving multiple IPC offences where the FIR contains general and omnibus allegations.
  • Whether the simplicity of injuries and lack of criminal antecedent justify the grant of anticipatory bail under Section 438 CrPC.
  • Whether imposing conditions such as surrender within four weeks and a bail bond is appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • general and omnibus allegation
  • simple injuries
  • IPC offences
  • bail conditions
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25190 of 2026
                        Arising Out of PS. Case No.-395 Year-2022 Thana- RAJAON District- Banka
                 ======================================================
           1.     Sudheer Kumar Paswan @ Sudhir Kumar @ Sudhir Paswan S/o- Ghuttar
                 Paswan @ Ghutar Paswan Resident of Karsani P.S- Rajoun Kathwan Dist-
                 Banka
           2.    Ram Bihari Paswan son of Ghoghan Paswan Resident of Karsani P.S-
                 Rajoun Kathwan Dist- Banka
           3.    Kundan Paswan @ Kundan Kumar Paswan S/o- Bholi Paswan Resident of
                 Karsani P.S- Rajoun Kathwan Dist- Banka
           4.    Devendra Paswan @ Devo Paswan S/o- Kedar Paswan Resident of Karsani
                 P.S- Rajoun Kathwan Dist- Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ram Hriday Prasad
                 For the Opposite Party/s :       Mr.Arun Kumar
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                                   ORAL ORDER


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

                   Additional Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Rajoun P.S. Case No. 395 of 2022 registered

                   for the offence punishable under Sections 341, 323, 307, 379,

                   504, 506 and 34 of the IPC.

                                3. As per the prosecution case, while working near a

                   water tank, the informant and his wife were abused and
Patna High Court CR. MISC. No.25190 of 2026(2) dt.30-04-2026
                                            2/3




          assaulted with weapons by all the FIR named accused persons,

          including these petitioners.

                       4. Learned counsel for the petitioners, at the outset,

          submits that as many as 11 persons have been made accused in

          the first information report including the present petitioners and

          there are general and omnibus allegation of assault on all the

          accused persons. The specific allegation of assault the informant

          is on co-accused Mukesh Paswan, who has been granted

          anticipatory bail by a coordinate Bench of this Court vide order

          dated 22.04.2026 passed in Cr. Misc. No. 26631 of 2026. The

          petitioners are said to have assaulted the wife of the informant

          by fists and legs. It is further submitted that there is a counter

          case filed on the side of the petitioners making allegations on

          the informant and others and the injury reports (Annexure-3

          series) indicates that the injuries suffered by the injured persons

          are all simple in nature. Further some other co-accused persons

          have been granted anticipatory bail by this Court vide order

          dated 24.04.2026 passed in Cr. Misc. No. 25900 of 2026. The

          petitioners have no criminal antecedent.

                       5.    Learned APP for the State has opposed the

          application for anticipatory bail.

                       6.    Taking      into     consideration   the   facts   and
             Patna High Court CR. MISC. No.25190 of 2026(2) dt.30-04-2026
                                                         3/3




                       circumstances and also considering the general and omnibus

                       nature of allegation coupled with the fact that injuries are simple

                       in nature, let the above named petitioners, in the event of their

                       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)

                       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 Rajoun P.S. Case No. 395 of 2022,

                       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


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