Patna High Court
Bhola PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Bhola Paswan was arrested on 15 September 2025 in connection with an alleged assault on the husband of an informant, involving an iron rod, under multiple sections of the B.N.S. and Section 27 of the Arms Act. The petitioner contended that the FIR did not specifically allege any overt act by him and that he was falsely implicated, seeking bail. The State opposed the bail, noting the petitioner’s involvement in two other cases, one of which was pending. The court examined the lack of clear attribution of the assault to the petitioner and the circumstances of his custody. Considering the facts, the court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions regarding cooperation with the trial, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the charges under the B.N.S. and Arms Act.
- Whether the lack of specific allegation against the petitioner in the FIR warrants bail.
- Whether the petitioner’s other pending criminal cases affect the bail decision.
Legislation cited
Subjects
- bail
- assault
- Arms Act
- criminal procedure
- false implication
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3201 of 2026
Arising Out of PS. Case No.-255 Year-2025 Thana- GORADIH District- Bhagalpur
======================================================
Bhola Paswan S/o Basudedev Paswan R/o Village- Hemra, PS- Goradih,
Distt- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. S.S. Ashraf, Sr. Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-01-2026 Heard Mr. S.S. Ashraf, learned Senior counsel for the
petitioner and Mr. Binod Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
15.09.2025, in connection with Goradih P.S. Case No. 255 of
2025, F.I.R. dated 14.09.2025 registered for the offences
punishable under Sections 126(2), 115(2), 109, 352, 74, 3(5) of the
B.N.S. and Section 27 of the Arms Act.
3. Allegation against the petitioner is that he along with
other co-accused persons have assaulted the husband of the
informant by means of iron rod due to which he received injury.
4. Learned Senior counsel for the petitioner submits that
the petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
Patna High Court CR. MISC. No.3201 of 2026(2) dt.22-01-2026
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committed any offence as alleged in the F.I.R. Although, the
petitioner is named in the F.I.R. but from perusal of the F.I.R. it
appears that there is no specific allegation of any assault or overt
act attributed against the petitioner rather there is allegation that he
along with other co-accused person, namely, Anandi Paswan have
assaulted the husband of the informant by means of iron rod and
he has received injury but from perusal of the injury report of the
injured person namely Nawal Kishore Yadav suggests that he has
received only one injury which is grievous in nature but it is not
clear in the F.I.R. that who assaulted the husband of the informant
and the police after investigation submitted chargesheet against the
petitioner and the petitioner is in custody since 15.09.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries two more cases other than
the present one but fairly submits on the basis of paragraph-3 of
the bail petition that out of two cases, the petitioner is on bail in
one case and one case is pending for consideration before the
competent court of law.
6. Considering the facts and circumstances of the case,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.3201 of 2026(2) dt.22-01-2026
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Chief Judicial Magistrate, Bhagalpur in connection with Goradih
P.S. Case No. 255 of 2025, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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