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Patna High Court

Mohan PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond of Rs 10,000 and prescribed conditions.

Summary

Mohan Paswan was arrested on 8 December 2025 in connection with FIR No. 163 of 2024 alleging offences under IPC sections 341, 323, 504, 506, 379, 307 and 34, including assault with a desi katta causing head injury. The petitioner claimed a clean antecedent, asserted that the FIR was false and fabricated, and highlighted that co‑accused had been granted anticipatory or regular bail by the same court. The State opposed the bail application. The court considered the petitioner’s clean record, the precedent of bail to co‑accused, and the seriousness of the charges, and decided to grant bail on a bond of Rs 10,000 with two sureties and specific conditions regarding trial attendance and non‑tampering with evidence. The bail order was directed to be implemented by the lower court without delay for verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the gravity of the offences alleged under sections 341, 323, 504, 506, 379, 307 and 34 of the IPC.
  • Whether the petitioner’s clean antecedent and the grant of bail to co‑accused warrant the release on bail.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • Indian Penal Code
  • criminal procedure
  • clean antecedent
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28514 of 2026
                       Arising Out of PS. Case No.-163 Year-2024 Thana- VISHNUPAD District- Gaya
                 ======================================================
                 Mohan Paswan S/o Uday Paswan @ Suresh Paswan R/o Mohalla - West
                 Ramsagar Tank, P.O. - Chand Chaura, P.S.- Vishnupad, Distt.-Gaya, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajit Kumar Ojha, Advocate
                                          :       Mr.Mritunjay Kumar, Advocate
                 For the Opposite Party/s :       Mr.Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   01-05-2026                   Heard Mr.Ajit Kumar Ojha, learned counsel for the

                   petitioner and Mr.Navin Kumar Pandey, learned A.P.P. for

                   the State.

                                 2. The petitioner seeks bail, who is in custody since

                   08.12.2025 in connection with Vishnupad P.S. Case No. 163

                   of 2024, F.I.R. dated 29.05.2024 registered for the offence

                   punishable under Sections, 341,323,504,506,379,307 and 34

                   of IPC.

                                 3. Allegation against the petitioner is that he

                   alongwith other co-accused persons obstructed the way of the

                   informant and on objection accused persons alongwith this

                   petitioner has abused and assaulted the informant and others.

                   Petitioner badly assaulted the victims by butt of Desi Katta,
Patna High Court CR. MISC. No.28514 of 2026(2) dt.01-05-2026
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          due to which they have got head injury.

                       4. Learned counsel appearing for the petitioner

          submits that the petitioner has clean antecedent. The

          allegation as alleged in the FIR is false and fabricated and the

          petitioner has not committed any offence as alleged in the

          FIR. Further submits that it appears from the FIR that due to

          some petty dispute, the present occurrence had taken place.

          Although there is specific allegation against the petitioner is

          that he assaulted to the injured person, although the person,

          who has received the injury but the Doctor has opined that the

          injury is grievous in nature. Further submits that co-accused

          persons, namely, Govinda Paswan @ Govind Kumar, Rahul

          @ Ansh Kuamr @ Rahul Paswan have been granted privilege

          of anticipatory bail by a Coordinate Bench of this Hon’ble

          Court vide order dated 14.05.2025 passed in Cr. Misc.

          No.89380 of 2024, another co-accused person, namely, Uday

          Paswan has been granted regular bail by a Coordinate Bench

          of this Hon’ble Court vide order dated 09.05.2025 passed in

          Cr. Misc. No.25574 of 2024 and the police, after

          investigation, submitted the chargesheet against the petitioner

          and the petitioner is in custody since 08.12.2025.

                       5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.28514 of 2026(2) dt.01-05-2026
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          for bail of the petitioner.

                       6. Considering the aforesaid fact, petitioner has

          clean antecedent and co-accused persons have been granted

          privilege of anticipatory bail/regular bail by a Coordinate

          Bench of this Hon’ble Court, let the petitioner, 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 learned J.M.F.C., Gaya in connection with

          Vishnupad P.S. Case No. 163 of 2024,with the following

          conditions:-

                       (I) Petitioner 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 his/her absence on two consecutive dates

          without sufficient reason, his/her bail bond shall be cancelled

          by the Court below.

                       (II) If the petitioner tampers 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 petitioner and in

          case at any stage, it is found that the petitioner has concealed
               Patna High Court CR. MISC. No.28514 of 2026(2) dt.01-05-2026
                                                           4/4




                         his criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. 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)
Nitesh/-

U          T


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