Patna High Court
Prince Paswan @ Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioners subject to a bond of Rs.10,000 each and compliance with conditions under Section 482(2) of the BNSS.
Summary
The petitioners, members of the Paswan family, were implicated in a FIR dated 20-04-2026 alleging assault, robbery and damage to property against an informant, with charges under multiple sections of the Bharatiya Nyaya Sanhita. They contended that they were innocent, that the allegations were vague and omnibus, and that they had clean antecedents. The State opposed their bail application, arguing the seriousness of the offences. The Court, noting the general nature of the accusations, the minor injuries reported, and the petitioners' clean record, decided to grant bail on the condition of a Rs.10,000 bond with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order also required surrender within eight weeks and compliance with conditions set by the CJM, Aurangabad.
Issues considered
- Whether bail should be granted to the petitioners despite the serious charges under the Bharatiya Nyaya Sanhita.
- Whether the allegations against the petitioners are specific enough to justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 190, 191(2), 303(2), 324(4), 351(2), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- general allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39694 of 2026
Arising Out of PS. Case No.-145 Year-2026 Thana- RAFIGANJ District- Aurangabad
======================================================
1. Prince Paswan @ Prince Kumar S/o Ramashish Paswan Resident of Village-
Gewal Bigha, P.S.- Rafiganj, District- Aurangabad
2. Shivrani Devi W/o Ramashish Paswan Resident of Village- Gewal Bigha,
P.S.- Rafiganj, District- Aurangabad
3. Kanti Devi @ Sunita Devi W/o Suresh Paswan Resident of Village- Gewal
Bigha, P.S.- Rafiganj, District- Aurangabad
4. Pankaj Paswan @ Pankaj Kumar S/o Ramashish Paswan Resident of
Village- Gewal Bigha, P.S.- Rafiganj, District- Aurangabad
5. Rahul Paswan @ Rahul Kumar S/o Mitan Paswan Resident of Village-
Gewal Bigha, P.S.- Rafiganj, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections
190/191(2)/115(2)/126(2)/324(4)/303(2)/109(1)/351(2) and 352
of Bhartiya Nyaya Sanhita.
3 . As per F.I.R., on 20.04.26 due to old enmity all the
accused persons including these petitioners came to informant's
house, abused and assaulted informant and her family members.
Patna High Court CR. MISC. No.39694 of 2026(2) dt.24-06-2026
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It is further alleged that accused person also damaged her
articles, took away Rs. 5,30,000/- and snatched informant's gold
ornaments.
4. It is submitted on behalf of the petitioners that
petitioners are quite innocent and have committed no offence as
alleged. The present case is counterblast to the case lodged by
the petitioner no.3 bearing Rafiganj P.S. Case No. 151 of 2026.
Allegation is general and omnibus against these petitioners. No
specific allegation of any overt act is attributed against them.
Injuries allegedly sustained by the injured are simple in nature.
Petitioners claim clean antecedent.
5 . Learned counsel for the State oppose the bail
petition .
6 Considering the nature of injury, general and
omnibus allegation against these petitioners, clean antecedent of
these petitioners and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
the petitioners, as named above, be enlarged on bail on
furnishing bail bond of Rs.10,000/-(ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
CJM, Aurangabad, in connection with Rafiganj P.S. Case No.
145 of 2026 , subject to the conditions laid down under section
Patna High Court CR. MISC. No.39694 of 2026(2) dt.24-06-2026
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482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) ,
2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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