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Patna High Court

Suresh PasiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to the stipulated conditions.

Summary

The petitioners, Suresh Pasi and Subash Kumar, were named in an FIR (Case No. 835 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault, road obstruction, and threats. They applied for anticipatory bail, claiming innocence and alleging that the FIR was filed by an influential informant after a personal dispute. The State opposed the bail, but the court considered the circumstances, the petitioners' backgrounds, and the nature of the allegations. The court granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs.30,000 each and comply with conditions under Section 482(2) of the B.N.S.S. 2023. The bail is to remain effective for four weeks, subject to compliance with appearance requirements and the presence of a family member as a bailor.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • section 482
  • road obstruction
  • assault
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30166 of 2026
                     Arising Out of PS. Case No.-835 Year-2025 Thana- BIKRAMGANJ District- Rohtas
                 ======================================================
           1.     Suresh Pasi S/o Kesho Pasi R/O Village- Mahabirganj Tola (Jonhi) P.S.-
                  Bikramganj, Distt.- Rohtas
           2.     Subash Kumar @ Subhash Kumar S/O Suresh Pasi R/O Village-
                  Mahabirganj Tola (Jonhi) P.S.- Bikramganj, Distt.- Rohtas
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rang Nath Dwiwedi, Adv.
                 For the Opposite Party/s :       Mr. Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   07-05-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Bikramganj P.S. Case No. 835 of 2025 lodged

                   on 14.12.2025, for the offence punishable under Sections

                   126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) & 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution, FIR has been lodged against

                   five named accused persons including the present petitioners

                   and some unknown persons. It has been alleged that the

                   petitioner no.1 with other persons have blocked the road in stage

                   of intoxication and when the informant opposed the same, then

                   the accused persons assaulted the informant causing injury to
Patna High Court CR. MISC. No.30166 of 2026(2) dt.07-05-2026
                                            2/3




          him. The accused persons also threatened the informant to

          implicate him in false case under SC/ST Act.

                       4. Learned counsel for the petitioners submit that the

          petitioners are innocent and have committed no offence.

          Counsel submits that on the evening of 13.12.2025, hot

          discussion in the shop of petitioner took place and thereafter, the

          informant being the influential person filed the FIR, whereas,

          the petitioners’ side file complaint case. Upon cognizance, bail

          has been granted to the informant of the present case, and the

          petitioners have filed the present bail application. He submits

          that both parties are resident of the same locality and they are

          well known to each other. He further submits that the petitioner

          no.2 has clean antecedent, but the petitioner no.1 has one

          criminal antecedent.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioners but fairly submits that for the said

          occurrence on 13.12.2025, the informant’s side lodged the

          present case on 14.12.2025 and the petitioners’ side also filed

          case against the informant’s side.

                       6. As such, in the present facts and circumstances of

          this case, let the above named petitioners be released on

          anticipatory bail, in the event of arrest or surrender before the
             Patna High Court CR. MISC. No.30166 of 2026(2) dt.07-05-2026
                                                         3/3




                       Trial Court within a period of 4 weeks from today, on furnishing

                       bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as

                       mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the

                       satisfaction of Additional Chief Judicial Magistrate 1st,

                       Bikramganj, Rohtas, in connection with Bikramganj P.S. Case

                       No. 835 of 2025, subject to the conditions as laid down U/s

                       482(2) of the B.N.S.S., 2023, with further conditions:-

                                    (i) one of the bailors should be the family member of

                       the petitioners who shall provide official document to show

                       his/her bona fide;

                                    (ii) the petitioners shall appear before the Trial Court

                       on each and every scheduled date, and failure to do so for two

                       consecutive dates without any plausible reason/explanation shall

                       be resulted into cancellation of their bail bonds by the Trial

                       Court itself;



                                                                      (Dr. Anshuman, J)
Divyansh/-

U      T


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