Patna High Court
Upendra PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 118(1), 118(2), 127(2), 190, 191(1), 351(2)(3), 482(2)
- Criminal Procedure Code — s. 438(2)
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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