Patna High Court
Shiva Kumar @ Shiv KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Arms Act — s. 27
- Bihar Negotiable Substances Act — s. 109, 115(2), 118(1), 126(2), 191(2), 191(3), 303(2), 324(2), 329(4), 351(2), 352, 74
- Bihar Negotiable Substances (Special) Act — s. 482(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.