Patna High Court
Sachin Paswan @ Sachin Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted to the petitioner subject to a bond and sureties under Section 482(2) of the BNSS.
Summary
Sachin Paswan was named in FIR No. 493 of 2025 for alleged assault and use of criminal force against a public servant who came to his village to make arrests. The petitioner argued that no overt act was attributable to him and that his inclusion was merely on suspicion, supported only by a local watchman's information, and that no injury was caused to any police officer. The prosecution opposed bail, citing the seriousness of the charges and the petitioner’s prior criminal antecedent. The court examined the prima facie evidence and found the allegations against the petitioner to be based on suspicion without concrete proof. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail when the case against him is based solely on suspicion and lack of overt act.
- Whether the allegations constitute a prima facie case sufficient to deny bail.
- Whether the conditions under Section 482(2) of the BNSS are satisfied for granting bail.
Legislation cited
- Bihar Negotiable and Settlement Act — s. 115(2), 118(1), 121(1), 121(2), 126(2), 132, 3(5), 351(2), 351(3), 352, 482(2)
Subjects
- bail
- criminal law
- assault
- criminal force
- suspicion
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33814 of 2026
Arising Out of PS. Case No.-493 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
Sachin Paswan @ Sachin Kumar Paswan S/O Udho Paswan R/O village
-Piparpanti Kewata, Ward no-11, P.S- Dalsinghsarai, Dist- 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.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 14-05-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing
on behalf of the State.
2. The accused/petitioner apprehending his 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, petitioner alleged to assault and also
to use criminal force to deter informant who is a public
servant from discharging of his duty when he arrived to
village of petitioner to arrest the accused persons of
Dalsinghsarai P.S. Case No. 366 of 2025.
Patna High Court CR. MISC. No.33814 of 2026(2) dt.14-05-2026
2/3
4. It is submitted by learned counsel appearing on
behalf of the petitioner that no overt act appears attributed
to this petitioner and he was implicated only for the reason
that he is co-villager of accused for search of whom police
came to village. It is pointed out that implication of
petitioner appears only on the basis of suspicion as his name
was supplied by local chaukidar. While concluding the
argument, it is further 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 to constitute the alleged offence.
5. Explaining criminal antecedent, it is pointed out
that petitioner found involved in one more criminal case,
where he is on bail.
6. Learned APP opposed the prayer of bail.
7. In view of aforesaid factual submissions and by
taking note of fact as petitioner appears implicated prima
facie on the basis of suspicion, accordingly, above named
petitioner, in the event of his arrest or surrender before the
learned trial Court, within a period of four weeks of this
Patna High Court CR. MISC. No.33814 of 2026(2) dt.14-05-2026
3/3
order, is directed to be released on bail furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) 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/-
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