Patna High Court
Shankar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to the petitioners subject to a bail bond and sureties, considering the general nature of the allegations and the minor injuries.
Summary
The petitioners, Shankar Paswan and Mithun Kumar, sought anticipatory bail fearing arrest in connection with Rajoun P.S. Case No. 395 of 2022, which involves offences under IPC sections 341, 323, 307, 379, 504, 506 and 34. The prosecution alleges that the petitioners participated in an assault on an informant and his wife and that petitioner‑2 snatched a golden chain. The petitioners contended that the FIR contains general and omnibus allegations against eleven accused, that the specific charge against petitioner‑2 is merely ornamental, that the injuries were minor abrasions, and that they have no criminal antecedent. The court, after considering the general nature of the allegations and the minor injuries, granted anticipatory bail on the condition of furnishing a bail bond of Rs.10,000 with two sureties, subject to the provisions of Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order was pronounced by Justice Soni Shrivastava.
Issues considered
- Whether anticipatory bail is appropriate where the FIR contains general and omnibus allegations against multiple accused.
- Whether the nature and severity of injuries (minor abrasions) justify granting bail.
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.
- Applicability of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. in granting anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504, 506
Subjects
- anticipatory bail
- general and omnibus allegations
- minor injuries
- IPC offences
- Section 438 CrPC
- Section 482 B.N.S.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25900 of 2026
Arising Out of PS. Case No.-395 Year-2022 Thana- RAJAON District- Banka
======================================================
1. Shankar Paswan S/o- Late Jaldhar Paswan Resident of Karsani P.S- Rajoun
Kathwan Dist- Banka
2. Mithun Kumar @ Mithun Paswan S/o- Devo Paswan @ Devendra 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, Advocate
For the State : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
connection with Rajoun P.S. Case No. 395 of 2022 in a case
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
assaulted with weapons by the all the FIR named accused
persons, including these petitioners. It is further alleged that the
petitioner no. 2 snatched golden chain from the neck of the
informant’s wife.
4. Learned counsel for the petitioners, at the outset,
Patna High Court CR. MISC. No.25900 of 2026(2) dt.24-04-2026
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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 against the petitioner
no. 2 pertains only to snatching of the chain, which is an
ornamental allegation. It is further submitted that there is a
counter case filed on the side of the petitioners making
allegations on the informant and others. Further, the injury
reports (Annexure-3 series) indicates that the injuries suffered
by the injured persons are all in the nature of abrasions and
lacerations and that too, mostly on the non-vital parts of the
body. 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 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
Patna High Court CR. MISC. No.25900 of 2026(2) dt.24-04-2026
3/3
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)
priyanka/-
U T
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