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Patna High Court

Anand Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, directing his release on bond with conditions.

Summary

Anand Kumar Paswan was named in an FIR for assaulting the brother‑in‑law of the informant, Ramvilash Paswan, as part of a larger incident involving twelve accused. The petitioner argued that the injuries to the victim were minimal and that the medical report showed only simple injuries to him, rendering the allegations against him weak. He also highlighted that a co‑accused, Ajay Paswan, had already been granted anticipatory bail by the same court. The State opposed the bail, contending the seriousness of the assault. Considering the nature of the alleged assault, the limited injuries, and the precedent of bail to a similarly situated co‑accused, the court directed that the petitioner be released on anticipatory bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the alleged assault and the nature of injuries.
  • Whether the allegations against the petitioner are sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • Bhartiya Nyaya Sanhita
  • Section 438 CrPC
  • Section 482 BNSS
  • medical evidence
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28065 of 2026
                          Arising Out of PS. Case No.-169 Year-2025 Thana- SIKTI District- Araria
                 ======================================================
                 Anand Kumar Paswan, Son of Bhikhari Paswan, Resident of village –
                 Dithora, Ward No. 14, Panchayat - Majarakh, Police Station - Sikty, District -
                 Araria.
                                                                               ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Mukesh Kumar Rana, Advocate
                 For the Opposite Party/s :         Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   01-05-2026                  Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Sikty P.S. Case

                   No.169 of 2025 registered under Sections 76, 77, 115(2),

                   118(1), 109, 191(2), 190, 351(2), 352, 126(2) and 303(2)

                   of the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’).

                                3.     As per FIR, due to certain differences, the

                   informant alleged that he was assaulted by 12 named co-

                   accused persons including this petitioner and when his

                   brother-in-law, namely, Ramvilash Paswan, nephew Neeraj

                   Kumar Paswan and Sonu Kumar Paswan came to rescue,

                   they were also assaulted, where it is specifically alleged that
Patna High Court CR. MISC. No.28065 of 2026(2) dt.01-05-2026
                                              2/3




          this petitioner along with Ajay Paswan assaulted his brother-

          in-law namely, Ramvilash Paswan.

                       4.     It is submitted by learned counsel appearing

          for petitioner that the specific allegation against this

          petitioner is to assault the brother-in-law of informant

          namely, Ramvilash Paswan. He was also alleged to be

          assaulted by co-accused namely, Ajay Paswan but, upon

          medical examination, injury was found simple in nature. It is

          submitted that though injury of informant is grievous in

          nature but, he was alleged to be assaulted by 12 co-accused

          persons       including      this     petitioner     but   upon   medical

          examination, only three injuries were found upon, which also

          makes the allegation falsified on its face. While concluding

          argument, it is submitted that with similar allegation the co-

          accused Ajay Paswan has already granted anticipatory bail

          by one of the learned co-ordinate Bench of this Court

          through Cr. Misc. No.11791 of 2026 dated 26.02.2026. The

          petitioner claimed clean antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by
          Patna High Court CR. MISC. No.28065 of 2026(2) dt.01-05-2026
                                                      3/3




                    taking note of manner of assault and also the nature of

                    injuries as alleged to be caused by this petitioner, coupled

                    with the fact that similarly situated co-accused has already

                    granted anticipatory bail by one of the learned co-ordinate

                    Bench of this Court, as mentioned aforesaid, accordingly, the

                    petitioner, above-named, in the event of his arrest or

                    surrender in the court below within a period of four weeks

                    from today, is directed to be released on bail on furnishing

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

                    sureties of the like amount each to the satisfaction of the

                    learned Judicial Magistrate-First Class, Araria in connection

                    with Sikty P.S. Case No.169 of 2025, subject to the

                    conditions as laid down under Section 438(2) of the Code of

                    Criminal Procedure (in short ‘CrPC’)/under Section 482(2) of

                    the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short

                    ‘BNSS’).


                                                   (Chandra Shekhar Jha, J.)
    Sanjeet/-

U     T


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