Created by Fuzzy Cloud

Patna High Court

Shiva Kumar @ Shiv KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioners subject to bond and conditions under Section 482(2) of the BNSS.

Summary

The petitioners, a group of nine men from Badaki Mahammadpur, sought bail in connection with Bakhtiyarpur Police Station Case No.141 of 2026, which alleged offences under multiple sections of the Bihar Negotiable Substances Act, 2023 and the Arms Act. The incident involved two accused, Raju Kumar and Vinod Paswan, attempting to rape a woman in her house; they were intercepted by neighbours, and while being taken to the police station, a larger group including the petitioners allegedly assaulted the two men with weapons, causing injuries. The petitioners argued that the case was a retaliatory "counter‑blast" to another FIR (Case No.139) and that they were victims who sustained only simple injuries, emphasizing their clean antecedents. The State opposed bail, highlighting the seriousness of the injuries to four persons and the allegation of molestation. After weighing the facts, the court granted bail to each petitioner on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS and the requirement that one bailor be a close family member.

Issues considered

  • Whether bail should be granted to the petitioners despite allegations of assault, use of weapons, and molestation under the listed sections.
  • Whether the petitioners' claim of being victims in a counter‑blast affects the bail determination.
  • Applicability of Section 482(2) of the BNSS in granting bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • molestation
  • counter‑blast
  • fair antecedent
  • Section 482
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36320 of 2026
                    Arising Out of PS. Case No.-141 Year-2026 Thana- BAKHTIYARPUR District- Patna
                 ======================================================
           1.     Shiva Kumar @ Shiv Kumar S/O Vinod Paswan @ Binod Paswan Resident
                  of Village- Badaki Mahammadpur, P.S.- Bakhtiyarpur, Dist.- Patna.
           2.    Kartar Paswan @ Kartar Kumar @ Kartal Kumar S/O Yogendra Paswan
                 (Jogindra) @ Yogendra (Jogindra) Pamwan Resident of Village- Badaki
                 Mahammadpur, P.S.- Bakhtiyarpur, Dist.- Patna.
           3.    Shankar Paswan S/O Babu Lal Paswan Resident of Village- Badaki
                 Mahammadpur, P.S.- Bakhtiyarpur, Dist.- Patna.
           4.    Dholan Paswan S/O Mahendra Paswan Resident of Village- Badaki
                 Mahammadpur, P.S.- Bakhtiyarpur, Dist.- Patna.
           5.    Bhushan Paswan @ Bhushan Kumar S/O Mahendra Paswan Resident of
                 Village- Badaki Mahammadpur, P.S.- Bakhtiyarpur, Dist.- Patna.
           6.    Ravi Kumar S/O Shankar Paswan Resident of Village- Badaki
                 Mahammadpur, P.S.- Bakhtiyarpur, Dist.- Patna.
           7.    Samarjit Paswan @ Samarjit Pamwan S/O Shyam Babu Paswan @
                 Shyambabu Pamwan Resident of Village- Badaki Mahammadpur, P.S.-
                 Bakhtiyarpur, Dist.- Patna.
           8.    Rahul Kumar S/O Vinod Paswan @ Binod Paswan Resident of Village-
                 Badaki Mahammadpur, P.S.- Bakhtiyarpur, Dist.- Patna.
           9.    Govinda Kumar S/O Mahendra Paswan Resident of Village- Badaki
                 Mahammadpur, P.S.- Bakhtiyarpur, Dist.- Patna.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mukesh Kumar, Adv.
                 For the Opposite Party/s :      Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   04-06-2026                     Heard learned Advocate for the petitioners and

                   learned Advocate for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Bakhtiyarpur P.S. Case No.141 of 2026 registered for the
Patna High Court CR. MISC. No.36320 of 2026(2) dt.04-06-2026
                                            2/4




          offences punishable under Sections 191(2), 191(3), 126(2),

          115(2), 74, 118(1), 109, 329(4), 324(2), 303(2), 352, 351(2) of

          the BNS, 2023 and Section 27 of the Arms Act.

                       3. On the given date and time of occurrence, while the

          informant was in her house, in the meanwhile, accused Raju

          Kumar and Vinod Paswan entered into her house in inebriated

          condition and tried to ravish her forcefully. On hulla, neighbours

          came and caught both the accused persons. Thereafter, while

          they were being taken to Bakhtiyarpur Police Station, a group of

          fourteen FIR-named accused persons, including the petitioners

          came there and started assaulting and abusing them. It is

          specifically alleged that co-accused Raju Kumar assaulted

          Kundan Kumar on his hand with a sword, while Shyam Babu

          Paswan assaulted him on the head with an iron rod. It is further

          alleged that Dhirendra Paswan assaulted Sanjay Paswan with a

          farsa, and Vinod Paswan assaulted Pappu Paswan on the head

          with an iron rod. Further, Samarjit Paswan and Shankar Paswan

          allegedly assaulted Sanjay Paswan with lathi, while Raushan

          Kumar and Ravi Kumar allegedly assaulted Rahul Kumar on the

          head with lathi.

                       4. Learned Advocate for the petitioners, taking this

          Court through the materials available on record, contended that
Patna High Court CR. MISC. No.36320 of 2026(2) dt.04-06-2026
                                            3/4




          this case is nothing but a counter blast to Bakhtiyarpur P.S. Case

          No.139 of 2026 and, in fact, it is the prosecution parties, who

          were the aggressor and because of the reason as has been

          disclosed in the FIR bearing Bakhtiyarpur P.S. Case No.139 of

          2026, a free fight took place between two groups resulting into

          some unfortunate injuries. In the said incident, the persons of

          the petitioners’ side have also sustained injuries. It is further

          contended that injured Pappu Paswan, Rajul Paswan and

          Manjay Paswan received simple injury caused by hard and blunt

          substance. So far the opinion of injured Kameshwar Paswan is

          concerned, the same is still reserved and viscera report has not

          been placed on record. The petitioners are men of fair

          antecedents and they undertake that they will fully cooperate in

          the proceedings of the Court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that

          because of the active participation of the petitioners, four

          persons have sustained serious injuries, besides there is

          allegation of molestation.

                       6. Having considered the submissions set forth by the

          learned Advocate for the respective parties and taking note of

          the factum of case and counter case, coupled with the simple
              Patna High Court CR. MISC. No.36320 of 2026(2) dt.04-06-2026
                                                          4/4




                        nature of injury sustained by Pappu Paswan, Rajul Paswan and

                        Manjay Paswan, besides the fair antecedent of the petitioners,

                        let the above named petitioners, be released on bail, in the event

                        of their arrest or surrender before the learned Court below

                        within a period of four weeks from today, on furnishing bail

                        bond of Rs. 10,000/- (Ten thousand) each with two sureties of

                        the like amount each to the satisfaction of learned Additional

                        Chief Judicial Magistrate-III, Barh, District-Patna in connection

                        with Bakhtiyarpur P.S. Case No.141 of 2026, subject to the

                        condition as laid down under Section 482(2) of the BNSS, with

                        further condition that one of the bailors shall be the own/close

                        family members of the petitioners.



                                                    (Harish Kumar, J)
rohit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.