Patna High Court
Vishal Paswan @ Vishal @ Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
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
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 118(2), 126(2), 190, 191(2), 303(2), 308(2), 329(3), 482(2), 76
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
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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/-
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