Patna High Court
Muntun PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to both petitioners subject to conditions under Section 438(2) of the CrPC.
Summary
The petitioners, Muntun Paswan and Muneshwar Paswan, sought bail fearing arrest in connection with FIR dated 18‑10‑2025 (Case No. 307/2025) alleging offences under several sections of the Bihar Narcotic Substances Act, 2023, including assault on police. The prosecution alleged that the petitioners participated in stone‑pelting and assaulting police personnel. The petitioners contended that the FIR contains only a generic allegation against all accused and does not specifically charge them, and that Muntun has a clean antecedent while Muneshwar has only one prior offence. The Additional Public Prosecutor opposed bail. The Court observed the lack of specific allegation against the petitioners and the clean antecedent of Muntun, and consequently granted bail on a Rs.10,000 bond with two sureties, subject to conditions under Section 438(2) of the CrPC and further safeguards.
Issues considered
- Whether bail should be granted when the FIR contains only a general allegation against the accused and no specific charge of assault against the petitioners
- Whether the petitioners' criminal antecedents justify denial of bail
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 121(1), 121(2), 126(2), 132, 190, 191(2), 191(3)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Criminal Procedure Code
- Section 438
- Bihar Narcotic Substances Act
- FIR
- specific allegation
- criminal antecedent
- assault on police
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4058 of 2026
Arising Out of PS. Case No.-307 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
Muntun Paswan S/o Late Fudeni Paswan R/o Village- Ratanpura, P.S-
Bhagwanpur, Dist- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 4587 of 2026
Arising Out of PS. Case No.-307 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
Muneshwar Paswan Son of Late Nagina Paswan Resident of Village-
Ratanpura, P.S.- Bhagwanpur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 4058 of 2026)
For the Petitioner/s : Mr. Awadhesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 4587 of 2026)
For the Petitioner/s : Mr. Awadhesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-02-2026 Heard Mr. Awadhesh Kumar Singh, learned counsel
for the petitioners and Mr. Ajit Kumar (Cr. Misc. No. 4058 of
2026) and Mr. Jharkhandi Upadhyay (Cr. Misc. No. 4587 of
2026) learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Bhagwanpur P.S. Case No. 307 of 2025, F.I.R.
Patna High Court CR. MISC. No.4058 of 2026(2) dt.06-02-2026
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dated 18.10.2025 for the offences punishable under Sections
126(2), 191(2), 191(3), 190, 109, 132, 121(1), 121(2) of the
BNS, 2023.
3. According to prosecution case, these petitioners
along with other accused persons pelted stones upon the police
party and also assaulted them.
4. Learned counsel for the petitioners submits that
petitioner, namely, Muntun Paswan has clean antecedent and
petitioner, namely, Muneshwar Paswan carries one criminal
antecedent other than the present one and they have falsely been
implicated in the present case. Although the petitioners are
named in the F.I.R but from perusal of the F.I.R it appears that
there is no specific allegation of assault or overt act attributed
against the petitioners rather there is general and omnibus
allegation against all the accused persons including these
petitioners.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that there is no specific allegation of assault or overt act
attributed against the petitioners and petitioner, namely, Muntun
Paswan has clean antecedent, let the petitioners, above named,
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in the event of their arrest or surrender before the court below
within a period of thirty days from the date of receipt of the
order, be released on bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned C.J.M., Vaishali at Hajipur in
connection with Bhagwanpur P.S. Case No. 307 of 2025, subject
to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure and with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
Patna High Court CR. MISC. No.4058 of 2026(2) dt.06-02-2026
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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