Patna High Court
Lotan Paswan @ Amrendra PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
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
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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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