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Patna High Court

Indrajeet PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to petitioners 1 and 2 and rejected it for petitioners 3, 4 and 5.

Summary

The petitioners, five members of the Paswan family, applied for anticipatory bail in connection with FIR No. 272 of 2025 alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023 arising from an agricultural land dispute. The prosecution alleged that the accused assaulted an informant and his brother. The petitioners argued innocence, citing a simple injury report and that petitioners 1 and 2 have clean antecedents, while the others have prior convictions. The court noted the presence of a general and omnibus allegation but considered the clean antecedent of petitioners 1 and 2, granting them bail on a bond of Rs.30,000 each under Section 2(1)(d) and Section 482(2) of the B.N.S.S. The anticipatory bail applications of petitioners 3, 4 and 5 were rejected, though they were allowed to surrender within four weeks for a prompt bail hearing.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023 in view of the general and omnibus allegations.
  • Whether the clean antecedent of petitioners 1 and 2 warrants bail while prior convictions of petitioners 3, 4 and 5 preclude it.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • criminal procedure
  • clean antecedent
  • general and omnibus allegation
  • agricultural land dispute
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36337 of 2026
                      Arising Out of PS. Case No.-272 Year-2025 Thana- DANIYAWAN District- Patna
                 ======================================================
           1.     Indrajeet Paswan S/o Dinesh Paswan Resident of Village - Khapara, P.S.-
                  Nagarnausa, District - Nalanda
           2.    Nandan Paswan S/o Mahesi Paswan Resident of Village - Khapara, P.S.-
                 Nagarnausa, District - Nalanda
           3.    Dinesh Paswan S/o Sakaldeep Paswan Resident of Village - Khapara, P.S.-
                 Nagarnausa, District - Nalanda
           4.    Karu Paswan S/o Sakaldeep Paswan Resident of Village - Khapara, P.S.-
                 Nagarnausa, District - Nalanda
           5.    Meghan Paswan S/o Radheshyam Paswan Resident of Village - Khapara,
                 P.S.- Nagarnausa, District - Nalanda

                                                                                  ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raj Shekhar, Adv.
                 For the Opposite Party/s :       Mrs. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   04-06-2026                  The Court proceeding is being conducted through

                   virtual mode.

                                2. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                3. The petitioners are apprehending arrest in

                   connection with Daniyawan P.S. Case No. 272 of 2025 lodged

                   on 23.12.2025, for the offence punishable under Sections

                   191(2), 126(2), 115(2), 118(1), 303(2), 117(2), 109, 352 &
Patna High Court CR. MISC. No.36337 of 2026(2) dt.04-06-2026
                                            2/4




          351(2) of the Bharatiya Nyaya Sanhita, 2023.

                       4. As per the prosecution, FIR has been lodged against

          eight named accused persons including the present petitioners.

          The allegation against the petitioners is that when the informant

          was returning from the field doing agricultural work, then all the

          named accused persons have surrounded and started abusing

          and assaulted the informant and his brother.

                       5. Learned counsel for the petitioners submit that the

          petitioners are innocent and have committed no offence.

          Counsel further submits that from the contents of the F.I.R., the

          dispute is very much clear i.e. due to Patwan in the agricultural

          land. Counsel submits the both parties are resident of the same

          village and during agricultural season, the dispute started over

          agricultural work between the parties. He submits that the injury

          report of the informant is annexed as Annexure-P/2 which

          shows that the injury is simple in nature. Counsel further

          submits that the petitioner nos. 1 and 2 have clean antecedent,

          whereas, the petitioner nos. 3 and 5 have one criminal

          antecedent each and the petitioner no.4 has two criminal

          antecedents. Counsel further submits that the specific allegation

          is against accused Bhagwan Das who was arrested and granted

          bail from the trial court itself.
Patna High Court CR. MISC. No.36337 of 2026(2) dt.04-06-2026
                                            3/4




                       6. Learned APP for the State opposes the prayer for

          bail of the petitioners.

                       7. As such, in the present facts and circumstances of

          this case considering that there is general and omnibus

          allegation and the petitioner nos. 1 and 2 have clean antecedent,

          therefore, let the petitioner nos. 1 and 2 be released on bail, in

          the event of arrest or surrender before the Trial Court within a

          period of 4 weeks from today, on furnishing bail bond of

          Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in

          Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of

          Judicial Magistrate 1st Class, Patna City, in connection with

          Daniyawan P.S. Case No. 272 of 2025, subject to the conditions

          as laid down U/s 482(2) of the B.N.S.S., 2023.

                       8. So far as the petitioner nos. 3, 4 and 5 are

          concerned, this Court is not inclined to grant bail to them.

          Accordingly, the prayer for anticipatory bail of the petitioner

          nos. 3, 4 and 5 stands rejected.

                       9. Liberty is hereby granted to the petitioner nos. 3, 4

          and 5 that if they surrender before the concerned Trial Court

          within a period of 4 weeks from today then in that case, the Trial

          Court is directed to pass order on their surrender-cum-bail

          application on the same day, without being prejudice that the
             Patna High Court CR. MISC. No.36337 of 2026(2) dt.04-06-2026
                                                         4/4




                       anticipatory bail of the petitioner nos. 3, 4 and 5 has been

                       rejected by this Court.



                                                                            (Dr. Anshuman, J)
Divyansh/-

U      T


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