Patna High Court
Suresh PasiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 2(1)(d), 303(2), 3(5), 351(2), 352, 482(2)
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
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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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