Patna High Court
Shobhi PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied bail, holding that the seriousness of the alleged assault and the evidence of grievous injury preclude the grant of regular bail.
Summary
The petitioner, Shobhi Paswan, was arrested in connection with a case alleging that he, along with ten others, assaulted an informant with an iron rod, causing grievous head injuries. The charges were framed under sections 126(2), 115(2), 109, 324(4), 352, 303(2), 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The petitioner contended that he was falsely implicated due to a prior dispute and that no weapon was recovered from his possession, also highlighting his clean record. The State opposed the bail, emphasizing the seriousness of the assault and the medical finding of grievous injury. After hearing both sides, the court held that the nature of the allegation warranted denial of regular bail and rejected the petitioner's application.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with assault causing grievous injury.
- Whether the claim of false implication and lack of recovered weapon justify granting bail.
- Whether the seriousness of the offenses under the Bhartiya Nyaya Sanhita precludes bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 324(4), 3(5), 351(2), 352
Subjects
- assault
- grievous injury
- bail
- false implication
- criminal procedure
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29222 of 2026
Arising Out of PS. Case No.-112 Year-2026 Thana- DEEPNAGAR District- Nalanda
======================================================
Shobhi Paswan S/o Late Kamal Paswan R/o Village- Mahanandpur, P.S.-
Deepnagar, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pragya Bharti, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 06-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Deepnagar P.S. Case
no.112 of 2026, registered under sections 126(2), 115(2), 109,
324(4), 352, 303(2), 351(2) and 3(5) of the Bhartiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the informant states
that the eleven named accused persons including the petitioner
herein came variously armed. The petitioner is said to have
assaulted the informant with an iron rod on his head leading to
grievous injuries. Others were also assaulted.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The manner of
occurrence is other than what has been narrated in the FIR. The
Patna High Court CR. MISC. No.29222 of 2026(2) dt.06-05-2026
2/2
cause of false implication is the dispute between the parties
which had taken place two days ago. No incriminating article
has been recovered from the possession of the petitioner. He is
in custody since 2.3.2026 and has no criminal antecedent.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the direct allegation against the
petitioner of having assaulted the informant with an iron rod on
his head together with the corresponding injury having been
found on the informant which in the opinion of the doctor was
grievous in nature, the Court is not inclined to enlarge the
petitioner on bail and the application is rejected.
(Partha Sarthy, J)
Shiv/-
U T
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