Patna High Court
Ranjeet PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioners subject to prescribed conditions.
Summary
The petitioners, three residents of Karsani village, sought anticipatory bail fearing arrest in a case (Rajoun P.S. Case No.395 of 2022) involving alleged assault, attempt to murder, robbery and other offences under the Indian Penal Code. The prosecution alleged that the petitioners, led by Kameshwar Paswan, attacked an informant and his family during a flag‑hoisting event, causing injuries and theft. The petitioners contended they were falsely implicated, had no criminal antecedent, and highlighted that other co‑accused had already been granted anticipatory bail in related matters. The court noted the existence of a case‑and‑counter‑case, the petitioners' clean record, and the precedent of bail granted to similarly situated accused. Accordingly, the court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the seriousness of the alleged offences
- Whether the existence of a case and counter case and lack of prior criminal record justify anticipatory bail
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita are sufficient to safeguard the trial process
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482
- Code of Criminal Procedure — s. 438
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504, 506
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 Bhartiya Nagarik Suraksha Sanhita
- Indian Penal Code
- assault
- attempt to murder
- case and counter case
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25223 of 2026
Arising Out of PS. Case No.-395 Year-2022 Thana- RAJAON District- Banka
======================================================
1. Ranjeet Paswan Son of Lakshman Paswan. Resident of village- Karsani,
P.O.- Kathoun, P.S.-Rajoun, Kathwan, District- Banka (Bihar) 813107
2. Ghuttar Paswan @ Ghutar Paswan son of Ram Bihari Paswan Resident of
village- Karsani, P.O.- Kathoun, P.S.-Rajoun, Kathwan, District- Banka
(Bihar) 813107
3. Mithilesh Paswan @ Mithlesh Paswan Son of Ram Bihari Paswan Resident
of village- Karsani, P.O.- Kathoun, P.S.-Rajoun, Kathwan, District- Banka
(Bihar) 813107
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Hriday Prasad, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 29-04-2026 Heard the 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, F.I.R dated
16.08.2025 registered for the offences punishable under
Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian
Penal Code.
3. According to prosecution case, on 15.08.2022 at
Rajoun Police Station. He stated that while he, his wife (former
Ward Secretary), and others were cleaning near a water tank and
preparing to hoist the national flag, a group of named accused
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persons, led by Kameshwar Paswan (petitioner), arrived armed
with sticks and other weapons. They abused the informant,
opposed the flag hoisting, and locked the water tank gate. On
the petitioner’s instruction, the group allegedly attempted to
remove the items and tear the national flag. When the informant
resisted, he was assaulted and sustained a head injury. His wife
was also beaten, her blouse was torn, and she was misbehaved
with; her gold chain was allegedly snatched. The accused also
used caste-based abusive language and forcibly took away the
flag. When others intervened, they too were assaulted before the
accused persons left the scene.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. It has further been submitted that for same
incident, there is case and counter case and the informant and
his family members, who have been made accused, have already
been extended the privilege of anticipatory bail passed by Co-
ordinate Bench of this Court vide orders dated 22.04.2026 and
24.04.2026 passed in Cr. Misc. Nos.26631 of 2026 and 25900 of
2026 respectively. It is the case of the petitioner that injuries
sustained by the informant are simple in nature and the
petitioners have no criminal antecedent.
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5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that there is case and counter case and other similarly situated
co-accused persons have already been extended the privilege of
anticipatory bail passed by Co-ordinate Bench of this Court vide
orders dated 22.04.2026 and 24.04.2026 passed in Cr. Misc.
Nos.26631 of 2026 and 25900 of 2026 respectively and the
petitioners have no criminal antecedent. Accordingly, this Court
is inclined to grant the privilege of anticipatory bail to the
petitioners.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, 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
the learned C.J.M., Banka, in connection with Rajoun P.S. Case
No.395 of 2022, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure / Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other
following conditions:-
(i) one of the bailors should be the family
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member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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