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Patna High Court

Jogi Paswan @ Yogi PaswanversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
                                            2/3




                   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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