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Patna High Court

Shobhi PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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