Patna High Court

Bhikhari paswanversusThe State of Bihar

Decided: 10 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated bond and conditions.

Summary

The petitioner, Bhikhari Paswan, aged about 70, applied for anticipatory bail fearing arrest in a case (Pipra PS Case No. 187 of 2025) alleging offences under several sections of the Indian Penal Code, including assault and other violent acts. The prosecution alleged that the petitioner assaulted Sunita Kumari by striking her abdomen with his leg. The petitioner’s counsel argued that he is innocent, that the medical report from the gynecological department found no external injuries, and that the injury report does not support the allegations. The State opposed the bail, contending the seriousness of the charges. After hearing both sides, the Court decided to grant bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail despite the serious IPC charges
Whether the medical report negates the prosecution’s allegation of assault
Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are satisfied

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Indian Penal Code — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352, 89

Subjects

anticipatory bail
Indian Penal Code
elderly accused
medical report
bail conditions
Section 482
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.402 of 2026
                     Arising Out of PS. Case No.-187 Year-2025 Thana- PIPRA District- East Champaran
                 ======================================================
                 Bhikhari paswan S/o Late Janak Paswan R/o Village - Maharani, P.S - Pipra,
                 District - East Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :        Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   10-04-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                2. The instant application for anticipatory bail has been

                   filed by the petitioner apprehending her arrest in connection with

                   Pipra P.S. Case no. 187 of 2025 instituted for the offence under

                   Sections 126(2), 115(2), 303(2), 89, 351(2), 352 and 3(5) of the

                   Indian Penal Code.

                                3. The case of the prosecution, in short, is that the

                   petitioner has assaulted with leg on the stomach of Sunita Kumari.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has falsely been implicated in this case. He also

                   submits that in this case, on the last occasion, the case diary was

                   called for and from the perusal of the injury report, it transpires
           Patna High Court CR. MISC. No.402 of 2026(4) dt.10-04-2026
                                                       2/2




                     that the gynecological department has opined that no external

                     injury on the abdomen and body is seen. He further submits that

                     the injury report does not corroborate with the allegation.

                     Moreover, the petitioner is aged about 70 years.

                                   5. In contra, learned APP appearing for the State and

                     learned counsel for the informant have opposed the prayer of bail

                     of the petitioner.

                                  6. Having heard learned counsel for the parties and in

                     the facts and circumstances of the case as stated above, this Court

                     is inclined to enlarge the petitioner on bail. The petitioner is

                     directed to surrender in the Court below within a period of four

                     weeks from today and in the event of his arrest or surrender in

                     connection with Pipra P.S. Case no. 187 of 2025, he will be

                     enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

                     ten thousand) with two sureties of the like amount each to the

                     satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar,

                     East Champaran, Motihari subject to the conditions as laid down

                     under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                     2023.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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