Patna High Court
Sudheer Kumar Paswan @ Sudhir Kumar @ Sudhir PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Code of Criminal Procedure, 1973 — s. 438, 482
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504, 506
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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