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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 125(a), 126(2), 190, 191(2), 352
- Code of Criminal Procedure — s. 438(2)
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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