Patna High Court
Asha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118, 126(2), 303(2), 324(4), 3(5), 352, 76
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
Checking your session…