Patna High Court
Amit Paswan @ Amit Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to both petitioners, directing their release on bond subject to Section 482(2) of the BNSS.
Summary
The petitioners, Amit Paswan and Ranjan Paswan, were implicated in a FIR (Dalsingsarai PS Case No. 493 of 2025) for alleged assault and use of criminal force against a public servant, invoking multiple sections of the Bihar Negotiable Sale Act, 2023. Their counsel argued that no overt act was proved, the accusations were based merely on suspicion and the testimony of a local watchman, and that no injury was caused to the public servant. The prosecution highlighted the petitioners' prior criminal antecedents, noting that each was already on bail in other cases. The court examined the prima facie nature of the evidence and, finding it insufficient to deny bail, directed that both petitioners be released on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS. The order was pronounced by Justice Chandra Shekhar Jha of the Patna High Court.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged.
- Whether the FIR and the material evidence establish a prima facie case against the petitioners.
- Whether the petitioners' prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Negotiable Sale Act — s. 115(2), 118(1), 121(1), 121(2), 126(2), 132, 3(5), 351(2), 351(3), 352
- Criminal Procedure Code — s. 482(2)
Subjects
- bail
- prima facie evidence
- suspicion
- assault
- criminal force
- public servant
- Section 482(2)
- high court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33714 of 2026
Arising Out of PS. Case No.-493 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
1. Amit Paswan @ Amit Kumar Paswan S/O Udho Paswan Resident of village-
Piparpanti Kewata, Ward No.-11, Police Station-Dalsingsarai, District-
Samastipur.
2. Ranjan @ Ranjan Paswan @ Rajan Kumar Son of Udho Paswan Resident of
village-Piparpanti Kewata, Ward No.-11, Police Station-Dalsingsarai,
District-Samastipur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr.Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 14-05-2026 Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor
appearing on behalf of the State.
2. The accused/petitioners apprehending their
arrest in connection with Dalsingsarai P.S. Case No. 493 of
2025 registered for the offences punishable under Sections
126(2), 115(2), 121(1), 121(2), 118(1), 132, 352, 351(2),
351(3), 3(5) of the BNS, 2023.
3. As per FIR, petitioners alleged to assault and
also to use criminal force to deter informant who is a public
servant from discharging his duty, when informant arrived
Patna High Court CR. MISC. No.33714 of 2026(2) dt.14-05-2026
2/3
village of petitioners to arrest the accused persons of
Dalsinghsarai P.S. Case No. 366 of 2025.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that no overt act attributed to these
petitioners and they were implicated only for the reason that
they are co-villagers. It is pointed out that implication of
petitioners appears only on the basis of suspicion as their
name was supplied by local chaukidar. While concluding the
argument, it is submitted that no injury was caused to any of
the public servant/police personnel during the occurrence,
which negate the allegation of assaulting and also of using
criminal force as to constitute the alleged offence.
5. Explaining criminal antecedent, it is pointed out
that petitioner no. 1 found in three more criminal cases and
petitioner no. 2 found involved in two more criminal cases,
where they are on bail.
6. Learned APP opposed the prayer of bail.
7. In view of aforesaid factual submissions and by
taking note of fact that both petitioners appears implicated
prima facie on the basis of suspicion, accordingly, both
Patna High Court CR. MISC. No.33714 of 2026(2) dt.14-05-2026
3/3
above named petitioners, in the event of their arrest or
surrender before the learned trial Court, within a period of
four weeks of the order, is directed to be released on bail
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial
Magistrate-1st, Dalsingsarai, District- Samastipur/concerned
Court, where the case is pending in connection with
Dalsingsarai P.S. Case No. 493 of 2025 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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