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Patna High Court

Vishal Paswan @ Vishal kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond of Rs. 10,000 and two sureties, under the conditions of Section 438(2) CrPC and Section 482(2) Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Vishal Paswan, applied for anticipatory bail in connection with a criminal case (Rahui P.S. Case No. 02 of 2026) alleging assault on an informant under several sections of the Bharatiya Nyaya Sanhita, 2023. He claimed innocence, asserting that he was falsely implicated in a dispute arising from a petty drain issue, and noted that he already had two pending criminal cases for which he was on bail. The State, represented by the Additional Public Prosecutor, opposed the anticipatory bail. The Court, after hearing both sides, was inclined to grant anticipatory bail, noting the nature of the dispute and the possibility of false implication. The order directed that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The Court clarified that its observations were prima facie and would not affect the merits of the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure in view of the allegations under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the petitioner’s claim of false implication and the underlying petty dispute justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 438
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.30276 of 2026
                           Arising Out of PS. Case No.-2 Year-2026 Thana- RAHUI District- Nalanda
                 ======================================================
                 Vishal Paswan @ Vishal kumar Son of Dilip Paswan Resident of Village
                 -Peshaur PS- Rahui Distt -Nalanda

                                                                                      ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Sailesh Kumar, Adv.
                 For the Opposite Party/s :         Mr.Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   13-05-2026                        Heard the learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner is apprehending his arrest in connection

                   with Rahui P.S. Case No. 02 of 2026 registered for the offences

                   punishable under Sections 191(2), 190, 126(2), 115(2), 109(1),

                   125(a) and 352 of of the Bharatiya Nyaya Sanhita, 2023.

                                 3. Allegation is of assaulting the informant. The specific

                   allegation is against the group of six persons and also against Rohit

                   Paswan.

                                 4.     Learned counsel for the petitioner submits that the

                   petitioner is innocent and have falsely been implicated in the present

                   case. The petitioner got two criminal antecedent in which he is on

                   bail.

                                 5. Learned APP for the State has vehemently opposed the

                   prayer for anticipatory bail of the petitioner.
           Patna High Court CR. MISC. No.30276 of 2026(3) dt.13-05-2026
                                                       2/2




                                   6. There is a case and counter case. The dispute seems to

                     have arisen out of the petty dispute with regard to drain. Accordingly,

                     this Court is inclined to grant the privilege of anticipatory bail to the

                     petitioner.

                                   7. Let the petitioner, above named, in the event of his/her

                     arrest or surrender before the Court below within a period of thirty

                     days from the date of receipt of the order, be released on bail on

                     furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     JMFC-III Court, Nalanda in connection with Rahui P.S. Case No.02

                     of 2026 , subject to the conditions as laid down under Section 438(2)

                     of the Code of Criminal Procedure / Section 482(2) of the Bharatiya

                     Nagarik Suraksha Sanhita.

                                   8. It is made clear that any observation made herein is prima

                     facie in nature and limited solely for the purpose of adjudication of the

                     present bail application. Such observations shall not be construed as an

                     expression on the merits of the case and shall not influence the trial or

                     any other proceedings in any manner.



                                                      (Ansul, J)
abhishekkr/-

U      T


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