Patna High Court
Rajiv Paswan @ Rajiv KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioners, subject to a bond and compliance with conditions under Section 482(2) of the BNSS, 2023.
Summary
The petitioners sought anticipatory bail fearing arrest in a 2018 case (Suryagarha PS No.10) filed under IPC sections 147, 149, 332, 353 and 186, alleging they placed a dead body on NH‑80 and blocked the road for five hours. They contended they were innocent, had clean records, and that after initially receiving protection under Section 41(1) CrPC, non‑bailable processes under Sections 82 and 83 CrPC were issued without any summons or service. The State opposed bail, arguing that the non‑bailable process had been validly issued. The Court noted the lack of clarity on service of the processes and, considering the circumstances, granted anticipatory bail subject to a bond of Rs.30,000 and specific conditions, including family bailor and regular appearance before the trial court.
Issues considered
- Whether anticipatory bail should be granted to the petitioners pending arrest or surrender.
- Whether the non‑bailable processes under Sections 82 and 83 CrPC were validly issued without service of summons.
- Whether the petitioners pose a risk of absconding or tampering with evidence.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 41(1), 482(2), 82, 83
- Indian Penal Code — s. 147, 149, 186, 332, 353
Subjects
- anticipatory bail
- IPC offences
- public road obstruction
- non‑bailable process
- Section 41 CrPC
- Sections 82 and 83 CrPC
- bail conditions
- highway blockage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30191 of 2026
Arising Out of PS. Case No.-10 Year-2018 Thana- SURYAGARHA District- Lakhisarai
======================================================
1. Rajiv Paswan @ Rajiv Kumar S/O Sahdeo Paswan R/O Village- Kurha, P.S-
Shamho, Dist.- Begusarai.
2. Uma Paswan @ Umesh Paswan S/O Ramdeo Paswan R/O Village- Kurha,
P.S- Shamho, Dist.- Begusarai.
3. Binod Paswan S/O Umesh Paswan @ Uma Paswan R/O Village- Kurha, P.S-
Shamho, Dist.- Begusarai.
4. Sandeep Kumar @ Sandeep Paswan S/O Bhuna Paswan @ Bhuneshwar
Paswan R/O Village- Kurha, P.S- Shamho, Dist.- Begusarai.
5. Tetar Paswan S/O Anandi Paswan R/O Village- Kurha, P.S- Shamho, Dist.-
Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, 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 Suryagarha P.S. Case No. 10 of 2018, dated
25.01.2018, lodged under Sections 147, 149, 332, 353 and 186
of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged
against eight named and 10-12 unknown accused persons
including the present petitioners. The allegation made in the FIR
is that on the date of occurrence, the petitioners and some other
accused persons had placed the dead body of a person, who was
murdered in the locality of Shamho P.S. under Begusarai
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district, on NH-80 and blocked the road. Despite repeated
requests, they did not remove the dead body from the road and
blocked NH-80 for five hours, and in this background the
present case has been lodged.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel further submits that their criminal antecedents of the
petitioners are clean and due to the murder of an old person, the
local villagers became agitated and were demanding protest
from the administration. Counsel further submits that initially
the petitioners were granted the benefit of Section 41(1) of the
Cr.P.C., but subsequently, without any service of summons or
other process, proceedings under Sections 82 and 83 Cr.P.C.
have been initiated against them.
5. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that it is indicated from the
rejection order that non-bailable process under Sections 82 and
83 Cr.P.C. has been issued.
6. From the rejection order, it does not transpire to this
Court whether those processes have been served upon the
petitioners or not.
7. Considering the facts and circumstances of the
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present case, let the above-named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
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 BNSS, 2023 to the
satisfaction of the Judicial Magistrate-1st class, Lakhisarai, in
connection with Suryagarha P.S. Case No. 10 of 2018, subject to
the conditions as laid down U/s 482(2) of the BNSS, 2023 with
other following conditions:-
(i) one of the bailor should be the
family member of the petitioner who shall
provide official document to show his bona
fide;
(ii) the petitioner shall appear on
each and every date before the Trial Court
and failure to do so for two consecutive dates
without plausible reason will entail
cancellation of his bail bonds by the Trial
Court itself.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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