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Patna High Court

Raj Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.2623 of 2026(4) dt.01-04-2026
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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
Patna High Court CR. MISC. No.2623 of 2026(4) dt.01-04-2026
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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 /
           Patna High Court CR. MISC. No.2623 of 2026(4) dt.01-04-2026
                                                       4/4




                     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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