Patna High Court
Raj Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioners are entitled to pre‑arrest bail.
Summary
The petitioners, Raj Kumar Paswan and his wife Mamta Devi, applied for pre‑arrest bail in a case (PS‑282/2025) alleging that they, along with others, attempted to strangle the informant's son, causing unconsciousness. The petitioners claimed innocence, stating that the son had tried to force a physical relationship with the wife and threatened suicide, leading to a counter‑case. The investigating report noted a simple thread‑like injury with no serious abnormalities, and the medical opinion supported the claim of a minor injury. The State and the informant opposed bail, but the court found that the petitioners had made out a prima facie case for release. Consequently, the court ordered pre‑arrest bail on furnishing a Rs.10,000 bond with two sureties, subject to Section 438(2) Cr.P.C and Section 482(2) BNSS, and directed verification of any other criminal antecedents.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail under Section 438 Cr.P.C in view of the allegations under Sections 126(2), 115(2) and 109 of the BNS.
- Whether a prima facie case exists to justify the grant of bail.
- Whether the conditions imposed on bail are appropriate.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- pre‑arrest bail
- Section 438 Cr.P.C
- Section 482 BNSS
- assault
- suicide threat
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2623 of 2026
Arising Out of PS. Case No.-282 Year-2025 Thana- DHAMDAHA District- Purnia
======================================================
1. Raj Kumar Paswan S/o Late Sadanand Paswan R/o Village- Dipoti
Purandaha, Ward No 01, PS- Dhamdaha, Distt- Purnea
2. Mamta Devi W/o Raj Kumar Paswan R/o Village- Dipoti Purandaha, Ward
No 01, PS- Dhamdaha, Distt- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijendra Kumar Singh, Advocate.
For the Opposite Party/s : Mr.Murli Dhar, APP.
For the Informant : Mr. Bipin Kumar, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 01-04-2026 Heard learned counsel appearing on behalf of the
petitioners, learned APP for the State and learned counsel for the
informant.
2. The petitioners seek pre-arrest bail in connection
with Dhamdaha P.S. Case No. 282 of 2025 registered for the
offence punishable under Sections 126(2), 115(2) and 109 of the
BNS.
3. As per the allegation made in the F.I.R., allegedly
the petitioners and other 4-5 other persons tried to kill the son of
the informant by putting rope around his neck, as a result of
strangulation, the son of the informant became unconscious.
Thereafter, the accused persons left the son of the informant on
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the bench lying in the Varandah of the informant and they fled
away.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent. Petitioner
no.1 is the husband of petitioner no.2. Petitioner no.1 mostly
lives outside the State and petitioner no.2 runs a shop. There is a
case and counter case arising out of the said incidence. He
submitted that in absence of petitioner no.1, the son of the
informant tried to develop illicit relationship with petitioner
no.2 and when she refused to establish physical relationship
with the son of the informant, he tried to commit suicide.
However, he was saved. Petitioners have clean antecedent.
5. Learned counsel for the informant and learned APP
for the State have vehemently opposed the prayer for grant of
pre-arrest bail to the petitioners.
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. and the case diary in which material has come that in
absence of petitioner no.1, the son of the informant had tried to
develop illicit relationship with petitioner no.2 and when she
refused to establish physical relationship with him, he tried to
commit suicide and he was found lying on the bench kept in the
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varandah of his house in unconscious condition, however, he
was saved. The son of the informant was treated for throat and
chest pain. No abnormalities was found outside the neck. As per
the opinion of the doctor, injury was caused by thread like
object and the nature of injury is simple according to NCCT
report. There is a counter case on behalf of the petitioner
wherein it has been alleged that the son of the informant wanted
to establish physical relationship with her and when she denied,
he threatened that he will commit suicide. The son of the
informant was found lying on the bench kept in the Varandah of
his house which creates serious suspicion that the petitioners
have assaulted him. He was treated and he regained his normal
health. I find that the petitioners have, prima facie, made out a
case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their 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) each with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate 1st Class, Purnea in
connection with Dhamdaha P.S. Case No. 282 of 2025, subject
to the condition as laid down under Section 438(2) Cr.P.C /
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482(2) BNSS.
8. The District Court is directed to verify the criminal
antecedent of the petitioners and if it is found that the petitioners
are involved in some other cases as what has been stated in
Para-3 of the bail petition, this order will automatically lose its
force.
9. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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