Patna High Court
Chandan Paswan @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, four members of the Paswan family, sought anticipatory bail fearing arrest in connection with Harnaut Police Station Case No. 191 of 2026, which alleged multiple assaults under several sections of the B.N.S. The prosecution’s FIR, filed by informant Bhavishan Kumar, described a violent incident in which the accused allegedly assaulted several individuals, causing simple injuries. The petitioners contended that the FIR was exaggerated, they have no prior criminal record, and the injuries were minor; they also offered to pay Rs.5,000 to the informant for medical expenses. The State opposed the relief, arguing that the primary allegation of assault pertained to one accused. Considering the petitioners’ lack of antecedents, the nature of injuries, and their willingness to cooperate, the Court granted anticipatory bail under Section 438 of the CrPC, subject to a bail bond of Rs.10,000 each, payment of Rs.5,000 to the informant, and several conditions regarding appearance, non‑tampering with evidence, and abstaining from further offences.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 CrPC in view of the allegations in the FIR
- Whether the nature of the alleged offences and the petitioners' background justify the grant of bail
Legislation cited
- B.N.S. — s. 109, 115(2), 117(2), 118(2), 126(2), 127(2), 303(2), 329(3), 329(4), 3(5), 352
- Criminal Procedure Code — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- FIR
- assault
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38784 of 2026
Arising Out of PS. Case No.-191 Year-2026 Thana- HARNAUT District- Nalanda
======================================================
1. Chandan Paswan @ Chandan Kumar S/O Anil Paswan R/o vill- Hasanchak,
P.S- Harnaut, Dist- Nalanda
2. Nandan Kumar S/O Anil Paswan R/o vill- Hasanchak, P.S- Harnaut, Dist-
Nalanda
3. Kundan Kumar S/O Anil Paswan R/o vill- Hasanchak, P.S- Harnaut, Dist-
Nalanda
4. Nilam Devi w/o Anil Paswan R/o vill- Hasanchak, P.S- Harnaut, Dist-
Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gautam, Advocate
For the State : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 17-06-2026 Heard Mr. Gautam, learned counsel for the
petitioners and learned APP representing the State.
2. The petitioners are apprehending their arrest in
connection with Harnaut P.S. Case No. 191 of 2026 registered
for the offence under Sections 329(3), 329(4), 126(2), 127(2),
115(2), 118(2), 117(2), 109, 303(2), 352 and 3(5) of the B.N.S.,
lodged on 17.04.2026 by the informant, Bhavishan Kumar.
3. As per the prosecution story, the informant alleged
that while at home, all the accused persons armed variously
came and after abuse, assaulted. While Chandan Kumar
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assaulted Renu Devi on his hand, Anil Paswan gave blow on the
head causing injury, Nilam Devi assaulted Renu Devi and when
Raushni Devi came to rescue, she was also assaulted by the
accused persons.
4. Learned counsel for the petitioners submit that Anil
Paswan is not before this Court, others though have assaulted,
the injuries have been found to be simple in nature. Both the
parties are agnates and an exaggerated F.I.R. is there. Last
submission is that without accepting the allegation or outcome
of the present petition, the petitioners intend to pay Rs.5,000/- to
the informant towards treatment by Demand Draft issued by the
local branch of the State Bank of India/any Nationalized Bank
to be submitted at the time of execution of bail bond.
5. Learned APP opposes the prayer submitting that
allegation of assault at best is on Chandan Kumar.
6. Considering the submissions aforesaid as also that
the petitioners do not have criminal antecedent, are young, one
of them is a lady, injuries have been found to be simple in
nature, in that background, this Court is inclined to extend them
the privilege of anticipatory bail subject to payment of
Rs.5,000/- to the informant as undertaken by the learned
counsel for the petitioners through Demand Draft issued by the
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local branch of the State Bank of India/any Nationalized Bank
to be submitted at the time of execution of the bail bond and
after checking credentials to be handed over to the informant.
7. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-I,
Biharsharif, Nalanda, in connection with Harnaut P.S. Case No.
191 of 2026 subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioners shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioners shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her bail bond by the Trial Court itself;
(iv) the petitioners shall in no way try to induce or
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promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
8. Before parting, this Court would like to put on
record its word of appreciation for Mr. Gautam, learned counsel
for the petitioner for the proper assistance rendered in the
matter.
(Rajiv Roy, J)
vinayak/-
U T
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