Patna High Court
Sakaldeep PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court grants anticipatory bail to the petitioners subject to conditions under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioners, three residents of Hilsa, sought anticipatory bail fearing arrest in a case (Hilsa PS No.45 of 2026) involving alleged assault and theft under several sections of the B.N.S. The prosecution alleged that the petitioners assaulted an informant with an iron rod, causing injuries and stealing a gold chain. The petitioners contended that the dispute was minor, injuries were simple, and they had no prior criminal record. The State opposed the bail, citing the seriousness of the assault allegation. Considering the nature of the injuries and the petitioners' arguments, the Court granted anticipatory bail under Section 438(2) of the Criminal Procedure Code, imposing a bail bond of Rs.10,000 each with two sureties and several conditions regarding appearance, attendance, and non‑interference with witnesses. The order directs that the bail be released within four weeks of arrest or surrender, subject to compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C. in view of the alleged offences.
- Whether the nature of the injuries and the alleged facts justify denial of bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure Code
- assault
- bail conditions
- Bihar
- Hilsa case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34620 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- HILSA District- Nalanda
======================================================
1. Sakaldeep Paswan son of Baleshwar Paswan Resident of Village-
Brahmsthan, Beldari Tola, Police Station -Hilsa, District -Nalanda
2. Prem Kumar @ Prem Kishan Kumar Son of Sohray Paswan Resident of
Village- Brahmsthan, Beldari Tola, Police Station -Hilsa, District -Nalanda
3. Satya @ Satya Kumar @ Adalat Kumar son of Shree paswan Resident of
Village- Brahmsthan, Beldari Tola, Police Station -Hilsa, District -Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 19-05-2026 Heard Mr. Ajay Mukherjee, learned Counsel for the
petitioners and Mr. Shantanu Kumar, learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Hilsa P. S. Case No. 45 of 2026 for the offence registered
under sections 126(2), 115(2), 109(1), 303(2), and 3(5) of
B.N.S..
3. As per the prosecution story, the informant alleged
that while he was returning home after duty for playing on the
ground, dispute took place which followed the abuse/assault.
Allegation is that Halendra and Sakaldeep gave iron rod blow to
him and Gulshan causing injury and they also removed some
Patna High Court CR. MISC. No.34620 of 2026(2) dt.19-05-2026
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amount/ gold chain, the injured persons were shifted to NMCH,
Patna which followed the FIR.
4. Learned Counsel for the petitioners submit that a
minor dispute has been exaggerated, injuries have been found to
be simple in nature and they do not have criminal antecedent.
5. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail submitting that the
allegation of assault is there.
6. Considering the submissions of the parties as also
the fact that the injuries have been found to be simple in nature,
in that background, this Court is inclined to grant them the
anticipatory bail with conditions.
7. Let the petitioners in the event of arrest or
surrender within a period of four weeks from the date of receipt
of the order, shall be released on anticipatory bail on furnishing
bail of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-1, Hilsa (Nalanda) / Court Concerned
Hilsa (Nalanda) in connection with Hilsa P. S. Case No. 45 of
2026 subject to condition as laid down under Section 438(2) of
the Cr.P.C.
(i) one of the bailor should be the family
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members/relatives of the petitioners, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioners shall appear before the concerned
police station every fortnight for next six months to mark
attendance and at the end of the period, the certificate be
submitted to the Court;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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