Patna High Court
Indrajeet PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 191(2), 2(1)(d), 303(2), 351(2), 352, 482(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.