Patna High Court
Jogi Paswan @ Yogi PaswanversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail is granted to petitioner 1 but denied to petitioner 2.
Summary
The petitioners Jogi Paswan and Rambhajan Paswan were named in an FIR for assaulting an informant, his family, and allegedly outraging the modesty of the informant's wife during a land‑dispute related free‑fight. The petitioners sought anticipatory bail under the Bhartiya Nyay Sanhita, 2023 and the Cr.P.C. The court noted that the incident appeared to be a free‑fight and that the allegation of disrobing the informant's wife was not convincing, but found specific serious injury caused by petitioner 2. Consequently, the court granted anticipatory bail to petitioner 1 subject to a bail bond and sureties, while rejecting the anticipatory bail application of petitioner 2 due to the grievous injuries he allegedly caused. The order imposed conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the Bhartiya Nyay Sanhita and Cr.P.C. given the nature of the alleged offences
- Whether the incident qualifies as a free‑fight, affecting the grant of bail
- Whether the specific allegations of grievous hurt against petitioner 2 justify denial of anticipatory bail
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 118(2), 126(2), 3(5), 351(2), 352, 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- free‑fight
- assault
- grievous hurt
- sexual assault
- land dispute
- Bhartiya Nyay Sanhita
- Section 438
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27410 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- BABUBARHI District- Madhubani
======================================================
1. Jogi Paswan @ Yogi Paswan Son of Dhyani Paswan Resident of
Village- Kabiyahi, P.S.- Babubarhi, District- Madhubani
2. Rambhajan Paswan @ Ram Jatan Paswan Son of Jogi Paswan @ Yogi
Paswan Resident of Village- Kabiyahi, P.S.- Babubarhi, District-
Madhubani
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Babubarhi P.S.
Case No. 28 of 2026 corresponding to G.R. No. 113 of 2026
registered for the offences punishable under Sections 126(2),
115(2), 118(2), 109, 74, 351(2), 352, 3(5) of the Bhartiya Nyay
Sanhita, 2023 (in short, the ‘B.N.S.’).
3. As per FIR, the accused persons including both
petitioners assaulted the informant and others during course of
occurrence and also outrage the modesty of wife of the
informant during the occurrence.
Patna High Court CR. MISC. No.27410 of 2026(2) dt.29-04-2026
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4. Learned counsel appearing on behalf of the petitioners
submitted that petitioner no. 1 is the own brother of the
informant and due to land dispute the present occurrence took
place. It is submitted that occurrence was of free-fight in nature,
for which petitioners’ side also lodged a case which was
registered as Babubarhi P.S. Case No. 43/2026. It is pointed out
that the occurrence was free-fight and scuffling took place
between the parties, which was the apparent reason for
displacement of cloth over the body of the female of both
parties and therefore allegation as raised that the petitioner no.1
was involved in disrobing the wife of informant, who is none
but the Bhabhi of the petitioner no. 1 is not appears convincing.
It is submitted that both petitioners involved in one more
criminal case, where they are on bail.
5. Learned A.P.P. for the State, while opposing the
prayer of anticipatory bail of the petitioners, submitted that
specific allegation is available against petitioner no. 2 namely,
Rambhajan Paswan @ Ram Jatan Paswan as to cause multiple
injuries on head and other parts of the body, which upon
medical examination, found grievous in nature.
6. In view of aforesaid factual submission as occurrence
was prima facie free-fight, petitioner no. 1 namely, Jogi Paswan
Patna High Court CR. MISC. No.27410 of 2026(2) dt.29-04-2026
3/3
@ Yogi Paswan, in the event of his arrest/surrender within a
period of four weeks from this order, is directed to be enlarged
on bail on furnishing of bail bond of Rs.10,000/- (ten thousand
only) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate - 1st Class,
Madhubani/concerned court in connection with Babubarhi P.S.
Case No. 28 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
7. So far as the prayer of anticipatory bail with regard to
petitioner no. 2 is concerned, as the allegation against petitioner
no. 2 namely, Rambhajan Paswan @ Ram Jatan Paswan is
specific to cause multiple injury upon the head of the son of the
informant, which found grievous in nature, accordingly, prayer
of anticipatory bail of petitioner no. 2 stands rejected for the
present.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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