Patna High Court
Shivji PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that the petitioners are entitled to bail on furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS.
Summary
The Patna High Court heard bail petitions of several accused arising from Dinara Police Station Case No. 364 of 2025, where a mob of about 200 persons allegedly attacked the police station and injured an informant. The petitioners were charged under Sections 191(2), 191(3), 190, 121(1), 121(2), 324(5), 132 and 109 of the Indian Penal Code, 1860 (as incorporated in the Bihar Negotiable Security Act, 2023). The State argued that the petitioners were part of the mob, while the petitioners claimed false implication and pointed to the relatively minor injuries reported. After considering the nature of the allegations, the framing of charges, and the period of custody, the court ordered that bail be granted on a bond of Rs.10,000 with two sureties and specific conditions under Section 480(3) of the BNSS. The order also stipulated attendance requirements and cancellation provisions for non‑compliance.
Issues considered
- Whether the accused are entitled to bail despite being charged with serious offences relating to mob violence against a police station
- Whether the nature of the alleged injuries and the circumstances of the case justify the grant of bail
- Whether conditions prescribed under Section 480(3) of the Bihar Negotiable Security Act, 2023 may be imposed on bail
Legislation cited
- Indian Penal Code — s. 109, 121, 132, 190, 191, 324
Subjects
- bail
- mob attack
- police station
- Indian Penal Code
- Section 480
- criminal procedure
- Rohtas
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3341 of 2026
Arising Out of PS. Case No.-364 Year-2025 Thana- DINARA District- Rohtas
======================================================
Shivji Paswan, Son of Late Bikau Paswan, Resident of Village- Belwaiya,
P.S.- Dinara, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 3483 of 2026
Arising Out of PS. Case No.-364 Year-2025 Thana- DINARA District- Rohtas
======================================================
1. Dharmendra Ram, Son of Sukhari Ram
2. Sukhari Ram @ Sukhadi Ram, Son of Late Ramadhar Ram
3. Jay Ram Ram, Son of Bhuar Ram
4. Mahabir Ram, Son of Late Bachchu Ram
5. Pashuram Ram, Son of Sukhari Ram @ Sukhadi Ram
6. Rama Kant Ram, Son of Late Deo Munni Ram
7. Ajeet Kumar @ Ajit Kumar, Son of Late Bharosa Ram
All are residents of village - Panchauli, P.O. - Bhaluni Dham, P.S. - Dinara,
District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 4374 of 2026
Arising Out of PS. Case No.-364 Year-2025 Thana- DINARA District- Rohtas
======================================================
Jugesh Kumar Ram, Son of Late Jay Bhagwan Ram, Resident of Village -
Balwaiyan, Police Station - Dinara, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 3341 of 2026)
Patna High Court CR. MISC. No.3341 of 2026(2) dt.28-01-2026
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For the Petitioner/s : Mr.Manoj Kumar Singh, Advocate
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
(In CRIMINAL MISCELLANEOUS No. 3483 of 2026)
For the Petitioner/s : Mr.Arvind Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP
(In CRIMINAL MISCELLANEOUS No. 4374 of 2026)
For the Petitioner/s : Mr.Pankaj Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 28-01-2026 Since all these bail petitions arise out of Dinara P.S.
Case No. 364 of 2025, as such, they have been taken up together
and are being disposed of by this common order.
2. Heard learned counsels for the petitioners and
learned A.P.P. for the State.
3. In the present case, the petitioners seek bail in
connection with Dinara P.S. Case No. 364 of 2025, registered
for the offence under Sections 191(2), 191(3), 190, 121(1),
121(2), 324(5), 132 and 109 of the BNS, 2023.
4. As per prosecution case, a mob of 200 persons
assembled near Dinara police station and started shouting
slogans against the police. Thereafter, they attacked the police
station and started damaging articles kept there. They also
assaulted the informant, who was only official present in the
police station. The informant received injuries in the hands of
the attackers.
5. It has been submitted on behalf of the petitioners
that petitioners are innocent and have been falsely implicated in
Patna High Court CR. MISC. No.3341 of 2026(2) dt.28-01-2026
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this case. The allegation against the petitioners and other co-
accused persons is that a mob of 200 people assaulted the
informant with lathi, danda. However, injuries received by the
informant are lacerated wound 1”x1/2”x1/2” over left eye,
swelling 2” x 2” on frontal region of head, bruise 4” x 3” on left
elbow. Patient was referred for CT Scan as well as X-ray, but the
reports have not been annexed and perhaps injuries are all
simple in nature. It has further been submitted that if 200
persons attacked the informant, only the injuries mentioned in
the FIR would not have caused, rather the informant might have
suffered serious injuries. It has further been submitted that the
true fact of the case is that Dinara P.S. Case No. 363/2025 was
registered on the same day as over land dispute, two groups in
the village of the petitioners indulged in fighting and the police
came in collusion with the other side and lodged this false case
against the petitioners. It has also been submitted that the
petitioner of Cr. Misc. No.3341 of 2026 is in custody since
09.09.2025 and is having antecedent of two cases. The
petitioners of Cr. Misc. No. 3483 of 2026 are in custody since
16.10.2025 and are having clean antecedent. The petitioner of
Cr. Misc. No.4374 of 2026 is in custody since 19.08.2025 and is
having antecedent of two cases. The charges have been framed.
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6. Learned A.P.P. vehemently opposes the submission
made on behalf of the petitioners. The learned APP submits that
the petitioners were part of the mob which attacked the police
official in the police station.
7. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
nature of allegation and framing of charge against the petitioners
and further considering their period of custody, the petitioners
are directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties
of the like amount each to the satisfaction of learned Additional
Sessions Judge-1, Bikramganj, Rohtas/concerned court, in
connection with Sessions Trial No. 453 of 2025, arising out of
Dinara P.S. Case No. 364 of 2025, subject to the conditions
mentioned in Section 480 (3) of BNSS and also the following
conditions :
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present on
each and every date fixed by the below, if
so required by the learned trial court.
(iii) In case of absence on three
Patna High Court CR. MISC. No.3341 of 2026(2) dt.28-01-2026
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consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioners will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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