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Patna High Court

Lotan Paswan @ Amrendra PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted pre‑arrest bail to the petitioner subject to a bond, sureties and verification of any other criminal antecedents.

Summary

Lotan Paswan was arrested in connection with Parsa Bazar PS Case No. 478 of 2025 for alleged assault on an informant under several sections of the BNS. The petitioner claimed innocence, arguing that no medical injury report existed to substantiate the alleged assault. The learned District Court had rejected his bail application without considering the injury report or the doctor's opinion. The High Court, after hearing counsel, directed the District Court to obtain the injury report and noted the lack of evidence, the bail already granted to a co‑accused, and the provisions of Section 438(2) Cr.P.C. and Section 482(2) BNSS. Consequently, the High Court ordered that the petitioner be released on pre‑arrest bail, subject to a bond and sureties, and to verify any other criminal antecedents.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail in the absence of an injury report and substantive evidence.
  • Whether the conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS justify granting bail.

Legislation cited

  • BNS — s. 109, 115(2), 126(2), 3(5), 351(1), 352
  • BNSS — s. 482(2)
  • Cr.P.C. — s. 438(2)

Subjects

  • pre‑arrest bail
  • injury report
  • assault
  • BNS offences
  • Section 438 Cr.P.C.
  • Section 482 BNSS
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25446 of 2026
                     Arising Out of PS. Case No.-478 Year-2025 Thana- PARSABAZAR District- Patna
                 ======================================================
                 Lotan Paswan @ Amrendra Paswan S/O Late Baij Nath Paswan @ Baij Nath
                 Prasad R/O Village - Fatehpur, P.S- Parsa Bazar, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Anil Kumar Singh, Advocate.
                 For the Opposite Party/s :      Mr.Shailendra Kumar, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   22-04-2026                      Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Parsa Bazar P.S. Case No.478 of 2025 registered for the

                   offence punishable under Sections 126(2), 115(2), 109, 352,

                   351(1) and 3(5) of the BNS.

                                3. Allegation against the petitioner is that he along

                   with other co-accused with an intention to kill assaulted the

                   informant causing injury on the vital part of the body.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and has

                   committed no offence as alleged in the F.I.R. He further

                   submitted that petitioner had allegedly assaulted the informant

                   with lathi and rod, but in absence of any injury report on the
Patna High Court CR. MISC. No.25446 of 2026(2) dt.22-04-2026
                                            2/3




          body of the informant, the allegation, prima facie, appears to be

          false and unsustainable. Learned District Court while rejecting

          the bail application has not considered the nature of injury and

          the opinion of the doctor.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail to the petitioner.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the F.I.R., learned District Court is directed to call for the injury

          report, if any and if it is found that no injury report has been

          prepared, therefore, in absence of any evidence and also the fact

          that co-accused Munna @ Shethi has already been enlarged on

          bail by a co-ordinate Bench of this Court in Cr. Misc. No. 16939

          of 2026 vide order dated 25.03.2026, let the petitioner, above

          named, be released on pre-arrest bail, in the event of his arrest

          or surrender before the Court below within a period of four

          weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten

          thousand) with two sureties of the like amount each to the

          satisfaction of the learned District Court where the case is

          pending in connection with Parsa Bazar P.S. Case No.478 of

          2025, subject to the condition as laid down under Section 438(2)

          Cr.P.C / 482(2) BNSS.
           Patna High Court CR. MISC. No.25446 of 2026(2) dt.22-04-2026
                                                       3/3




                                  7. The District Court is directed to verify the criminal

                     antecedent of the petitioner and if it is found that the petitioner

                     is involved in some other cases as what has been stated in Para-

                     3 of the bail petition, this order will automatically lose its force.

                                  8. The bail application stands disposed of.



                                                              (Purnendu Singh, J)
mantreshwar/-

U      T


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