Patna High Court
Santosh Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that anticipatory bail may be granted, subject to bond and surety conditions, under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Summary
Santosh Kumar Paswan applied for anticipatory bail fearing arrest in PS case No.97 of 2025, which alleges offences under Sections 190, 126(2), 115(2), 125(a), 125(b), 132 and 109 of the Bharitya Nagrik Suraksha Sanhita. The prosecution identified him, via a local chowkidar, as participating in an assault on an informant and others during a protest involving a dead body. The petitioner contended that he was falsely implicated due to personal enmity with the chowkidar and has no prior criminal record. The State opposed the bail. The court, after considering the nature of the allegations and the petitioner’s circumstances, granted anticipatory bail on the condition that he surrenders within six weeks, furnishes a bail bond of Rs.10,000 with two sureties, and complies with conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious charges under the B.N.S.S.
- Whether the allegations and the petitioner’s claim of false implication justify denial of bail
- Whether the conditions imposed under Section 482(2) are sufficient to safeguard the investigation
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 109, 115(2), 125(a), 125(b), 126(2), 132, 190, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Section 482
- Bharitya Nagrik Suraksha Sanhita
- false implication
- enquiry
- bond and surety
- assault
- protest
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34423 of 2026
Arising Out of PS. Case No.-97 Year-2025 Thana- Narhiya District- Madhubani
======================================================
Santosh Kumar Paswan S/o Shree Prasad Paswan R/o Village- Baluaha, PS-
Narahaiya, Distt- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnakar Jha, Advocate
For the Opposite Party/s : Mr.Ram Sevak Choudhary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Narahiya P.S. Case No. 97 of 2025 registered
for the offences punishable under Sections 190, 126 (2), 115 (2),
125 (a), 125 (b), 132 and 109 of B.N.S.
3. As per the prosecution case, petitioner was
identified by local chowkidar as one of the person who was
engaged in assaulting the informant and others. The petitioner
and others are alleged to have been protesting with the dead
body of a person who died in a accident.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has been further submitted that there is a general
Patna High Court CR. MISC. No.34423 of 2026(2) dt.19-05-2026
2/2
and omnibus allegation against the petitioner and due to enmity
with the local chowkidar, the petitioner has been named in the
F.I.R and the injuries sustained by the injured persons are simple
in nature. It has lastly been submitted that petitioner has got no
criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioner, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned in
connection with Narahiya P.S. Case No. 97 of 2025, subject to
the conditions as laid down under Section 482(2) of the Bharitya
Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
vashudha/-
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