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Patna High Court

LALIT PASWANversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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