Patna High Court
Sahil Paswan @ Satyendra Kumar Paswan @ Satyendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to prescribed conditions.
Summary
The petitioner, Sahil Paswan, sought anticipatory bail after being implicated in a case where he and several villagers allegedly assaulted an informant and others with lathis and iron rods, causing simple injuries. The prosecution alleged offences under multiple IPC sections, while the petitioner claimed he was falsely implicated, the allegations were general and omnibus, and he has a clean record. The court examined whether the nature of the allegations and the simplicity of the injuries warranted denial of bail. Considering the general nature of the accusations and the minor injuries, the court was inclined to grant anticipatory bail. The bail was ordered subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, including appearance requirements and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC given the alleged offences and circumstances
- Whether the allegations being general and the injuries being simple justify bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 125(a), 126(2), 190, 191(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 109(1), 115(2), 125(a), 126(2), 190, 191(2), 352
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 N.S.S.
- IPC offences
- general allegations
- simple injury
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28856 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- RAHUI District- Nalanda
======================================================
Sahil Paswan @ Satyendra Kumar Paswan @ Satyendra Kumar S/o- Gorelal
Paswan R/v- Peshaur Ps- Rahui Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sailesh Kumar, Advocate
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 17-06-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Rahui P.S. Case No. 02 of 2026 F.I.R dated
02.01.2026 registered for the offences punishable under
Sections 191 (2), 190, 126 (2), 115 (2), 109 (1) 125 (a) 352 of
the Indian Penal Code / Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 02.01.2026
around 04:00 P.M. the petitioner along with co-villagers namely,
Rohit Paswan, Vishal Paswan, Chanchal Paswan, Bittu Paswan,
Mithun Paswan came armed with lathi, stick and iron rods and
started abusing the informant and upon protest, Rohit Paswan
attempted to hit the informant on head by stick with intention to
kill the informant. After the informant shouted for help, some
Patna High Court CR. MISC. No.28856 of 2026(3) dt.17-06-2026
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villagers namely, Vikash Kumar, Sadhu Kumar, Rohitas Kumar,
Vikki Kumar and Nirdosh Kumar came to rescue. The petitioner
and his co-villagers beat them also with the lathi, stick and iron
rods. Then the informant called the dial 112 Police Vehicle and,
thereafter they were rushed to the primary health centre, Rahui
in the injured condition for treatment and accordingly, F.I.R.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. It is further submitted that, with respect to the
same occurrence, there is a case and counter-case between the
parties. The allegation against the petitioner is general and
omnibus in nature, and the injuries sustained by the injured
persons have been found to be simple. Learned counsel further
submits that the petitioner is a bright student and is presently
preparing for competitive examinations by living / staying
outside the village for better career prospects. It is lastly
submitted that the petitioner has a clean antecedent and is ready
to abide by all terms and conditions that may be imposed by this
Court.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
and taking into account that the allegations are general and
Patna High Court CR. MISC. No.28856 of 2026(3) dt.17-06-2026
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omnibus and the injury is simple in nature. Accordingly, this
Court is inclined to grant the privilege of anticipatory bail to the
petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, 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 the learned Court of JMFC-III Court, Nalanda in
connection with aforesaid P.S. Case, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with other following conditions:-
(i) one of the bailors should
be the family member/relative/known
of the petitioner(s) who shall provide
official document/personal affidavit to
show his/her bona fide;
(ii) the petitioner(s) shall
appear on each and every date before
the Trial Court and failure to do so for
two consecutive dates without
plausible reason will entail
cancellation of his/her/their bail bond
by the Trial Court itself;
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(iii) the petitioner(s) shall in
no way try to induce or promise or
threat the witnesses or tamper with the
evidences, failing which the State
shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall
desist from committing any criminal
offence again, failing which the State
shall be at liberty to take steps for
cancellation of their bail bonds.
(Ajit Kumar, J)
suryadev/rajan
U T
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