Patna High Court
Suresh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, five members of the Paswan family, were named in FIR No. 90 of 2026 for alleged assault on an informant and his wife using a lathi and iron rod, invoking Sections 126(2), 115(2), 351(2), 110, 352 and 3(5) of the Bihar Non‑Compulsory Statutes, 2023. They contended that they were falsely implicated, no incriminating material was found on them, and the dispute arose from a goat‑grazing issue, rendering the allegations vague and general. The State opposed anticipatory bail, arguing the seriousness of the offences. The Court examined the FIR, the nature of the injuries (simple, caused by blunt objects), and the petitioners' clean antecedents, and found the allegations insufficient to deny bail. Consequently, the Court granted anticipatory bail to the petitioners, subject to a bond of Rs.10,000 with two sureties each and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioners are entitled to anticipatory bail despite the FIR alleging assault under multiple sections of the BNS, 2023.
- Whether the allegations in the FIR are specific enough to justify denial of bail.
- Whether the petitioners' clean antecedents and the nature of injuries warrant bail.
Legislation cited
- Bihar Non‑Compulsory Statutes — s. 110, 115(2), 126(2), 3(5), 351(2), 352
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- assault
- Bihar Non‑Compulsory Statutes
- Criminal Procedure Code
- FIR
- injury
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29699 of 2026
Arising Out of PS. Case No.-90 Year-2026 Thana- KAUWAKOL District- Nawada
======================================================
1. Suresh Paswan, aged about 53 years, Male, Son of Lakhan Paswan, Resident
of Village - Pali, P.S. - Kawakol, District - Nawada.
2. Nagina Paswan, Son of Lakhan Paswan, aged about 51 years, Male,
Resident of Village - Pali, P.S. - Kawakol, District - Nawada.
3. Dinesh Kumar @ Dinesh, aged about 34 years, Male, Son of Suresh Paswan
Resident of Village - Pali, P.S. - Kawakol, District - Nawada.
4. Pradeep Paswan, aged about 23 years, Male, Son of Suresh Paswan,
Resident of Village - Pali, P.S. - Kawakol, District - Nawada.
5. Sanjeet Kumar, aged about 20 years, Male, Son of Nagina Paswan, Resident
of Village - Pali, P.S. - Kawakol, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Kawakol P.S. Case No. 90 of 2026 instituted for the
offences punishable under Sections 126(2), 115(2), 351(2), 110,
352 and 3(5) of the BNS, 2023.
3. As per allegation in the FIR, all the accused
persons including the present petitioners assaulted the informant
and his wife by means of lathi on their waist and chest as well
as iron rod due to which they sustained leg and ear injuries.
Patna High Court CR. MISC. No.29699 of 2026(2) dt.06-05-2026
2/3
4. Learned counsel for the petitioners submits that
petitioners are innocent have committed no offence and have
falsely been implicated in this case. He submits that the
petitioners are not caught at the spot and nothing incriminating
articles have been recovered from the conscious possession of
the petitioners. He further submits that the allegation against the
petitioners are general and omnibus in nature. He next submits
that the informant’s goat grazing the crops of the petitioners so
they assaulted the goat of the informant and due to which some
altercation took place between the parties. There is case and
counter case attributed between the parties. He lastly submits
that they are four injuries found on the injured but all the
injuries are simple in nature caused by hard and blunt substance.
Petitioners have got clean antecedent as stated in para 3 of the
petition.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioners.
6. From perusal of the FIR and the impugned order of
the learned Additional Sessions Judge-III, Nawada dated
04.04.2026, it appears that on the basis of written report of the
informant Mahendra Paswan, FIR has been registered under
Sections 126(2), 115(2), 351(2), 110, 352 and 3(5) of the BNS,
Patna High Court CR. MISC. No.29699 of 2026(2) dt.06-05-2026
3/3
2023 against five co-accused persons including the above
named present petitioners and the allegation against them are
that they assaulted by lathi and iron rod upon the informant and
his wife. From perusal of the impugned order, it also appears
that there are four injuries found on the body of the injured
caused by hard and blunt substance and all the injuries are
simple in nature, so considering all these aspects of the case and
submission of learned counsel for the petitioners, I am inclined
to grant anticipatory bail to the above named petitioners.
7. Accordingly, let the above named five petitioners
in the event of their arrest or surrender before the trial Court
within six weeks from today, be released on anticipatory bail
upon furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each
with two sureties of the like amount each to the satisfaction of
the learned J.M.-1st Class, Nawada in connection with
Kawakol P.S. Case No. 90 of 2026, subject to the conditions laid
down in Section 482(2) of the BNSS.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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