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Patna High Court

Upendra PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to anticipatory bail.

Summary

Petitioners Upendra and Vijay Paswan were named in an FIR for assaulting the son and family members of an informant, charged under several sections of the Indian Bhartiya Nyaya Sanhita, 2023. They applied for anticipatory bail, contending they have a clean antecedent. The State opposed the bail, but the Court noted that seven co‑accused in the same case had already been granted anticipatory bail by a coordinate bench. Relying on the principle of judicial parity and the petitioners' clean record, the Court directed that they be released on bail upon arrest or surrender within four weeks. The bail is to be secured by a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482(2) of the BNS.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in the present case
  • Whether the principle of judicial parity warrants granting bail to petitioners similar to co‑accused

Legislation cited

Subjects

  • anticipatory bail
  • judicial parity
  • criminal procedure
  • assault
  • BNS
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30005 of 2026
                       Arising Out of PS. Case No.-95 Year-2025 Thana- MALI District- Aurangabad
                 ======================================================
           1.     Upendra Paswan,
           2.     Vijay Paswan
                  Both are S/o Sighori Paswan, R/o village-Ugnahi, P.S.-Mali, Distt.-
                  Aurangabad, Bihar.
                                                                       ... ... Petitioners
                                               Versus
                 The State of Bihar
                                                               ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shailesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   11-05-2026                  Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                2. Both accused/petitioners are named in the FIR

                   and apprehending their arrest in connection with Mali P.S.

                   Case No.95 of 2025 registered under Sections 127(2),

                   191(1), 190, 118(1), 118(2), 109 and 351(2)(3) of the

                   IBhartiya Nyaya Sanhita, 2023 (in short ‘BNS’)

                                3. As per FIR, 14 named persons along with some

                   unknown assaulted the son and other family members of the

                   informant causing head and bodily injuries.

                                4. It is submitted by learned counsel appearing for

                   petitioners that with similar allegation, other seven co-

                   accused persons were granted anticipatory bail by one of the
          Patna High Court CR. MISC. No.30005 of 2026(2) dt.11-05-2026
                                                      2/2




                    learned co-ordinate Bench of this Court through Cr. Misc.

                    No.82031 of 2025 dated 15.01.2026. It is pointed out that

                    the petitioners are men of clean antecedent.

                                 5. Learned APP opposed the prayer of bail.

                                 6. In view of aforesaid factual submissions and by

                    taking note of fact, as similarly situated co-accused persons

                    have already been granted anticipatory bail by one of the

                    learned co-ordinate Bench of this Court, accordingly,

                    considering the judicial parity, both petitioners, above-named,

                    are directed to be released on bail, in the event of their arrest

                    or surrender in the court below within a period of four weeks,

                    on furnishing bail bond of Rs.10,000/- (Rupees Ten

                    Thousand) each with two sureties of the like amount each to

                    the satisfaction of the learned Chief Judicial Magistrate,

                    Aurangabad, Bihar in connection with Mali P.S. Case No.95 of

                    2025, subject to the conditions as laid down under Section

                    438(2) of the CrPC/under Section 482(2) of the BNSS.


                                                    (Chandra Shekhar Jha, J.)
    Sanjeet/-
U     T


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