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Patna High Court

Shiv Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed bail to the petitioners subject to a bond and specified conditions.

Summary

Shiv Kumar Paswan and Rekha Devi were arrested on 15 January 2026 in connection with a dispute over bamboo cutting that escalated into an assault on an informant and his family, as alleged in FIR No. 28 of 2026. The petitioners sought bail, arguing that the incident stemmed from a petty land dispute and that the FIR merely reflects competing claims. The State opposed bail, highlighting the petitioners' participation in the assault and a prior criminal antecedent, though they were already on bail in another matter. The High Court considered the facts, the seriousness of the offences under the Bhartiya Nyaya Sanhita, 2023, and the petitioners' custody since January. It granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the accused persons charged with offences under Sections 126(2), 115(2), 118(1), 109, 74, 351(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
  • Whether the petitioners' prior criminal antecedent and the nature of the alleged assault preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • assault
  • criminal antecedent
  • Bhartiya Nyaya Sanhita
  • criminal procedure
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27175 of 2026
                    Arising Out of PS. Case No.-28 Year-2026 Thana- BABUBARHI District- Madhubani
                 ======================================================
           1.     Shiv Kumar Paswan S/O Jogi Paswan Resident of Village- Kabiyahi, P.S.
                  Babubarhi, District- Madhubani.
           2.    Rekha Devi W/O Jogi Paswan Resident of Village- Kabiyahi, P.S.
                 Babubarhi, District- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shailendra Kumar Jha
                 For the Opposite Party/s :      Mr.Umeshanand Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   21-04-2026                    Heard Mr. Shailendra Kumar Jha, learned counsel

                   for the petitioners and Mr. Umeshanand Pandit, learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioners seek bail, who are in custody since

                   15.01.2026 in connection with Babubarhi P.S. Case No. 28 of

                   2026, F.I.R. dated 11.01.2026 for the offences punishable under

                   Sections 126(2), 115(2), 118(1), 109, 74, 351(2), 352, 3(5) of

                   Bhartiya Nyaya Sanhita, 2023.

                                 3. According to prosecution case, in the backdrop of

                   petty feud of cutting bamboo, the altercation took place and in

                   consequence thereof, the petitioner No. 1 is said to have

                   assaulted the informant with Dabiya and when the informant’s
Patna High Court CR. MISC. No.27175 of 2026(2) dt.21-04-2026
                                            2/3




          wife came to rescue, she was also assaulted by co-accused,

          Jogiya Paswan.

                        4. Learned counsel for the petitioners submits that

          from perusal of the FIR, it appears that due to some petty

          dispute (land dispute), the present occurrence has taken place.

          There is case and counter case between the parties. Although the

          petitioners are named in the FIR but the FIR speaks the

          allegation that they assaulted the informant and his family

          members. The injury report suggests that out of the injuries

          sustained by the informant, some injuries are grievous in nature

          but the police after investigation, submitted charge sheet in the

          case and the petitioners are in custody since 15-01-2026.

                        5. Learned APP for the State has vehemently

          opposed the prayer for bail of the petitioners and submits that

          the petitioners are participants in the occurrence. It has also

          been submitted that the petitioners carry one more criminal

          antecedent other than the present one but fairly submits that they

          are on bail in the pending matter.

                        6. Considering the aforesaid facts and circumstances,

          let the petitioners, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned
            Patna High Court CR. MISC. No.27175 of 2026(2) dt.21-04-2026
                                                        3/3




                      Judicial Magistrate-Ist Class, Madhubani in connection with

                      Babubarhi P.S. Case No. 28 of 2026, with the following

                      conditions:

                                    i. Petitioners shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on their absence on two consecutive dates without sufficient

                      reason, their bail bond shall be cancelled by the Court below.

                                    ii. If the petitioners tamper with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                    iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
A.K.V.//-
U       T


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