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Patna High Court

Vinod @ Vinod PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the conditions specified.

Summary

Vinod Paswan applied for anticipatory bail after the police registered a case (PS‑Goraul, Case No. 686/2025) alleging offences under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Act. The prosecution alleged that on 21‑Nov‑2025 the petitioner, while intoxicated, abused and attempted to outrage the modesty of an informant. The petitioner contended that he was innocent, that the altercation arose from a dispute over a pathway, that both parties sustained injuries, and that he had a clean antecedent. The State opposed the bail. Considering the nature of the accusations, the petitioner’s clean antecedent and the circumstances, the Court granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in view of the charges under Sections 115(2), 126(2), 74, 351(2), 352(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 37 of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s clean antecedent and the factual circumstances justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • intoxication
  • molestation
  • clean antecedent
  • Section 482
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28618 of 2026
                       Arising Out of PS. Case No.-686 Year-2025 Thana- GORAUL District- Vaishali
                 ======================================================
                 Vinod @ Vinod Paswan son of Late Surendra Paswan Resident of village -
                 Sahpur Ghaus @ majhiya Ps- Goraul (Kathara), Dist- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hemant Ray, Advocate
                 For the Opposite Party/s :        Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   30-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 115(2), 126(2), 74,

                   351(2), 352(2), 3(5) of the Bharatiya Nyaya Sanhita and Section

                   37 of the Bihar Prohibition and Excise Act.

                                3. Prosecution case, in brief, is that on 21.11.2025,

                   when informant was at her house, this petitioner along with co-

                   accused Dhiraj Ram came there in intoxicated condition and

                   started abusing her. Upon objection, the accused persons

                   molested informant and tried to outrage her modesty.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. As a matter

                   of fact, dispute with regard to pathway led to altercation

                   between parties, where both sides sustained injuries. There is no
              Patna High Court CR. MISC. No.28618 of 2026(2) dt.30-04-2026
                                                          2/2




                        allegation of any specific overt act against petitioner and he

                        claims clean antecedent.

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

                        the bail application.

                                     6. Considering backdrop of the case, nature of

                        accusation and clean antecedent, this anticipatory bail is allowed

                        and it is ordered that let the above named petitioner in the event

                        of his 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) with two sureties of the like

                        amount each to the satisfaction of learned Exclusive Special

                        Excise Court 1st, Vaishali at Hajipur in connection with Goraul

                        (Kathara) P. S. Case No. 686 of 2025, 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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