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Patna High Court

Vishal Paswan @ Vishal @ Vishal KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.

Summary

The petitioner, Vishal Paswan, was implicated in a case alleging participation in an unlawful assembly that kidnapped and attempted to murder the informant's uncle for extortion, and also assaulted the informant's family, committing robbery. The petitioner claimed innocence, arguing that the allegations against him were vague and not specifically attributable, and highlighted a case‑and‑counter‑case scenario with co‑accused. The State opposed the petition for anticipatory bail. The court examined the nature of the accusations, the lack of specific incriminating material against the petitioner, and the provisions of Section 482(2) of the Bhartiya Nyaya Sanhita. It ordered that the petitioner may be released on anticipatory bail upon surrender within six weeks, subject to a bail bond of Rs 10,000 with two sureties and several conditions, including cooperation with the trial and non‑tampering with evidence. The bail was granted with these conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bhartiya Nyaya Sanhita.
  • Whether the allegations against the petitioner are sufficiently specific to deny bail.
  • Whether the petitioner’s existing criminal cases affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • unlawful assembly
  • kidnapping
  • extortion
  • assault
  • Bhartiya Nyaya Sanhita
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29195 of 2026
                       Arising Out of PS. Case No.-208 Year-2025 Thana- VISHNUPAD District- Gaya
                 ======================================================
                 Vishal Paswan @ Vishal @ Vishal Kumar, S/O Brahamanand Paswan, R/O
                 Village- Ramsagar Talab, Douna Pur, Gaya, P.S- Vishnupad, P.S.- Chand
                 Chaura, Gaya, Bihar-823001.
                                                                      ... ... Petitioner/s

                                                       Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajit Kumar Ojha, Advocate
                                                  Mr. Pratyaksha, Advocate
                                                  Mr. Mritunjay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   06-05-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends arrest in connection with

                   Vishnupad P.S. Case No. 208 of 2025 dated 08.07.2025

                   instituted for the offence punishable under Sections 191(2), 190,

                   126(2), 115(2), 118(1), 117(2), 118(2), 329(3), 76, 308(2),

                   303(2), 109 of Bhartiya Nyaya Sanhita, 2023.

                                 3. The prosecution case, in short, is that the petitioner

                   along with other accused persons formed an unlawful assembly

                   and in prosecution of the common object, they kidnapped the

                   uncle of the informant and tried to kill him by strangulating for

                   extortion of two lakh rupees and they also mercilessly beat the
Patna High Court CR. MISC. No.29195 of 2026(2) dt.06-05-2026
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          informant, his son, his uncle and cousin due to which they

          sustained head and bodily injuries and have also got fractured.

          Allegation against the petitioner is that he along with co-

          accused Gulshan & Bouna assaulted the informant & his son

          with lathi & iron rod, due to which they sustained injuries. It is

          also alleged that accused persons snatched Rs. 40,000/-,

          90,000/-, mobile phone and gold chain.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in this

          case. It is further submitted that there is case and counter case

          between the parties. Specific allegation is against co-accused

          Bouna that he assaulted with Khanti on the head of the father of

          the informant; and Gulshan that he assaulted with lathi on the

          head of the son of the informant. Learned counsel for the

          petitioner submits that there is no specific allegation against the

          petitioner, rather, the allegation against the petitioner is general

          and omnibus. The injuries mentioned in the impugned order are

          not attributable to the petitioner. Lastly, it has been submitted

          that petitioner has two criminal cases against him.

                       5. On the other hand, learned A.P.P. for the State has

          opposed the prayer for anticipatory bail of the petitioner.

                       6. Having considered the facts and circumstances of
Patna High Court CR. MISC. No.29195 of 2026(2) dt.06-05-2026
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          the case and submissions of learned counsel for the parties, in

          the event of arrest / surrender of the petitioner within a period of

          six weeks from today, in connection with Vishnupad P.S. Case

          No. 208 of 2025, he will be released on bail upon furnishing bail

          bonds of Rs. 10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of learned ACJM-VI, Gaya

          Jee subject to condition as laid down under Section 482(2) of

          the B.N.S.S. as well as the following conditions:-

                          1. Petitioner shall co-operate in the trial and shall

                          be properly represented on each and every date

                          fixed by the Court and on his absence on two

                          consecutive dates without sufficient reason, his bail

                          bond shall be cancelled by the Court below.

                          2. One of the bailors will be his own blood relation,

                          preferably father, mother, brother, sister and or his

                          wife.

                          3. The bailor shall also state on affidavit that he

                          will inform the court concerned if the petitioner is

                          made accused in any other case of similar nature

                          after his release in the present case and thereafter

                          the court below will be at liberty to initiate the

                          proceeding for cancellation of bail on ground of
           Patna High Court CR. MISC. No.29195 of 2026(2) dt.06-05-2026
                                                       4/4




                                     misuse.

                                     4. 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.


                                                                  (Khatim Reza, J)

premchand/-

U      T


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