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Patna High Court

Asha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed anticipatory bail to the petitioners subject to a bond and sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, a group of relatives from Khaira Tola, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for alleged assault and robbery on an informant and his wife on 4 December 2024. The prosecution alleged that the petitioners, along with six unknown persons, used lathis, fists and slaps to assault the victims and looted household articles. The petitioners contended they were innocent, arguing that the FIR was filed 20 days after the incident, was vague, and was a retaliatory case stemming from an earlier complaint they had lodged. The State opposed the bail application, emphasizing the seriousness of the offences. Considering the delay, the lack of specific overt acts in the FIR, and the counter‑case context, the Court granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the charges under Sections 126(2), 115(2), 118, 109, 76, 303(2), 324(4), 352 and 3(5) of the Bharatiya Nyaya Sanhita.
  • Whether the 20‑day delay in lodging the FIR and the alleged lack of specific allegations justify the grant of bail.
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, can be invoked to enlarge bail in this case.

Legislation cited

Subjects

  • anticipatory bail
  • delay in FIR
  • assault
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28593 of 2026
                   Arising Out of PS. Case No.-510 Year-2024 Thana- NAUTAN District- West Champaran
                 ======================================================
           1.     Asha Devi S/o Sri Vinod Paswan Resident of Village - Khaira Tola,Ward no.
                  14, PS. - Nautan, Dist. - West Champaran.
           2.    Chinta Devi W/o Sri Suresh Paswan Resident of Village - Khaira Tola,Ward
                 no. 14, PS. - Nautan, Dist. - West Champaran.
           3.    Vinod Paswan S/o Sri Bagad Paswan Resident of Village - Khaira Tola,Ward
                 no. 14, PS. - Nautan, Dist. - West Champaran.
           4.    Vikash Kumar @ Vikash Paswan S/o Sri Suresh Paswan Resident of Village
                 - Khaira Tola,Ward no. 14, PS. - Nautan, Dist. - West Champaran.
           5.    Suresh Paswan S/o Sri Bagad Paswan Resident of Village - Khaira
                 Tola,Ward no. 14, PS. - Nautan, Dist. - West Champaran.
           6.    Sachin Kumar @ Sachin Paswan S/o Sri Vinod Paswan Resident of Village -
                 Khaira Tola,Ward no. 14, PS. - Nautan, Dist. - West Champaran.
           7.    Risham Kumar @ Rishabh Kumar @ Risav Paswan S/o Sri Suresh Paswan
                 Resident of Village - Khaira Tola,Ward no. 14, PS. - Nautan, Dist. - West
                 Champaran.
           8.    Kiran Kumari @ Kiran Devi W/o Sri Sachin Paswan Resident of Village -
                 Khaira Tola,Ward no. 14, PS. - Nautan, Dist. - West Champaran.
           9.    Bagad Paswan @ Bagar Paswan S/o Late Chauth Paswan @ Late Chaugh
                 Paswan Resident of Village - Khaira Tola,Ward no. 14, PS. - Nautan, Dist. -
                 West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sagar Kumar, Ms. Harsha Shashwat, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   30-04-2026                    Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 118, 109,
Patna High Court CR. MISC. No.28593 of 2026(2) dt.30-04-2026
                                            2/3




          76, 303(2), 324(4), 352, 3(5) of the Bharatiya Nyaya Sanhita.

                       3. As per prosecution case, on 04.12.2024 at about 5

          PM, all the F.I.R. named accused persons, including these

          petitioners and six unknown persons, abused and assaulted

          informant and his wife by means of lathi, fists and slaps. The

          accused persons are also alleged to have looted household

          articles of the informant.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have committed no offence.

          Present case is counter blast of Nautan P. S. Case No. 502 of

          2024 which was lodged by petitioner no. 1 against informant

          and others in which, petitioner no. 5 sustained farsa injury on

          his head. Allegation of assault is general and omnibus and there

          is no allegation of specific overt act against these petitioners.

          F.I.R. has been lodged after inordinate delay of about 20 days

          which itself raises doubt over veracity of the prosecution case.

          Rest of the allegations are ornamental only to make the case

          grave.

                       5. Learned A.P.P. for the State vehemently opposed

          the bail application.

                       6. Considering the nature of accusation, case and

          counter case and delay in lodging the F.I.R., this anticipatory
              Patna High Court CR. MISC. No.28593 of 2026(2) dt.30-04-2026
                                                          3/3




                        bail is allowed and it is ordered that let the above named

                        petitioners in the event of their arrest/surrender before the court

                        below within a period of eight weeks from today, be enlarged on

                        bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each

                        with two sureties of the like amount each to the satisfaction of

                        Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in

                        connection with Nautan P. S. Case No. 510 of 2024, subject to

                        condition as laid down under Section 482(2) of the Bharatiya

                        Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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