Patna High Court
Alok Paswan @ Alok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Alok Paswan, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for alleged assault on an informant and his family. The FIR named ten accused, including the petitioner, alleging they attacked the victims with lathis and sticks, causing injuries. The petitioner contended that the incident was a mutual fight with no specific overt act attributable to him and highlighted his clean antecedent. The State opposed the bail, arguing the seriousness of the offences. Considering the nature of the accusations, the petitioner’s clean record, and the principle of liberty, the court granted anticipatory bail, directing that if arrested within eight weeks, he be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged assault under the listed sections of the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s claim of a mutual fight negates the existence of a specific overt act constituting an offence.
- Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 126(2), 190, 191(2), 351(2), 352
Subjects
- anticipatory bail
- assault
- criminal procedure
- Section 482
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38314 of 2026
Arising Out of PS. Case No.-85 Year-2025 Thana- OBRA District- Aurangabad
======================================================
Alok Paswan @ Alok Kumar S/o- Dinesh Dealer @ Dinesh Kumar R/v-
Dihara Ps- Obra Dist Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 191(2), 190, 115(2),
126(2), 117(2), 109(1), 351(2), 352 of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., ten named accused persons including
this petitioner assaulted the informant, his son and wife by
means of lathi and sticks as a result of which they sustained
injuries.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. As a matter
of fact, a free fight took place between the parties in which both
sides sustained injuries. Allegation of assault is general and
omnibus and no specific overt act has been alleged against this
Patna High Court CR. MISC. No.38314 of 2026(2) dt.25-06-2026
2/2
petitioner. Case and counter case. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the backdrop of the case, nature of
accusation and clean antecedent, 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 learned Sub-Divisional
Judicial Magistrate, Daudnagar, Aurangabad (Bihar) in
connection with Obra P. S. Case No. 85 of 2025, subject to
condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/Sanjay
U T
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