Patna High Court
LALIT PASWANversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Lalit Paswan, was named among 27 accused in an FIR alleging assault, looting and other offences under various sections of the Bharatiya Nyaya Sanhita. He applied for anticipatory bail, asserting that he had not committed any overt act and that the allegations against him were merely ornamental. The State opposed the bail, contending that the petitioner was involved in the offences. The Court examined the lack of specific incriminating material against the petitioner and, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, granted anticipatory bail subject to a bail bond and sureties. The order directed that if arrested within eight weeks, the petitioner be released on bail under the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the FIR containing multiple charges.
- Whether the allegations in the FIR constitute sufficient ground to deny anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(2), 126(2), 190, 191(2), 191(3), 303(2), 324(4), 351(2), 352, 76
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- FIR
- assault
- looting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.366 of 2026
Arising Out of PS. Case No.-31 Year-2025 Thana- KHUTAUNA District- Madhubani
======================================================
LALIT PASWAN S/o- Late Pulkit Paswan R/v- Parsahi Sirsiya Ps- Khutauna
Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jaishankar Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(2),
109(1), 76, 324(4), 303(2), 352, 351(2), 191(2), 191(3), 190 of
the Bharatiya Nyaya Sanhita.
3. As per F.I.R. 27 named accused persons, including
this petitioner, assaulted informant and others and looted shop of
the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Allegation
of assault is against other accused persons and there is no
allegation of any specific overt act against the petitioner. Rest of
the allegations are ornamental only to make the case grave.
5. Learned A.P.P. for the State vehemently opposed
Patna High Court CR. MISC. No.366 of 2026(2) dt.10-02-2026
2/2
the bail application.
6. Considering aforesaid facts and circumstances of
the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Judicial Magistrate, 1st Class,
Jhanjharpur (Madhubani) in connection with Khutauna P. S.
Case No. 31 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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