Patna High Court
Mohan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504, 506
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,
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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
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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
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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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