Patna High Court
Anand Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 303(2), 351(2), 352, 76, 77
- Code of Criminal Procedure — s. 438(2)
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
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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
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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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