Patna High Court
Shiv Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352, 74
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
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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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