Patna High Court
Santosh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner’s senior citizen status, clean antecedent and willingness to cooperate warranted the grant of anticipatory bail subject to conditions under Section 438 Cr.P.C. and Section 482(2) BNSS.
Summary
The Patna High Court heard an application for anticipatory bail filed by petitioner No.3, a 61‑year‑old senior citizen with a clean record, who was alleged to have participated in an assault related to a land dispute. The petitioner argued that the injury report was inconsistent and possibly manipulated, and that he was falsely implicated. The State opposed the bail, contending that the victim suffered grievous injuries. After considering the submissions, the court granted anticipatory bail to the petitioner, subject to a bail bond of Rs.10,000 with two sureties and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, and retained the power to cancel bail if the petitioner fails to cooperate. The court also noted that the earlier anticipatory bail applications of petitioners No.1 and No.2 were withdrawn as infructuous.
Issues considered
- Whether anticipatory bail should be granted to petitioner No.3 under Section 438 Cr.P.C. despite the serious nature of the alleged offences.
- Whether the inconsistencies in the injury report affect the merit of the bail application.
- Whether the petitioner’s senior citizen status and clean antecedent justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- senior citizen
- assault
- injury report
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40769 of 2025
Arising Out of PS. Case No.-310 Year-2024 Thana- HULASGANJ District- Jehanabad
======================================================
1. Santosh Paswan son of Chandradeep Paswan Resident of village- Baigani
PS- Hulasganj District - Jehanabad
2. Binod Paswan @ Bindo Paswan Son of Siyacharan Paswan @ Siyasharan
Paswan Resident of village- Baigani PS - Hulasganj District - Jehanabad
3. Nandu Paswan Son of Badhu Paswan Resident of village - Baigani PS -
Hulasganj District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Murli Dhar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
6 05-02-2026 Vide order dated 15.01.2026, the prayer for
anticipatory bail of petitioner no. 1 and 2 stood dismissed as
withdrawn as having become infructuous.
2. Heard learned counsel for the petitioner no. 3,
learned A.P.P. for the State and learned counsel appearing on
behalf of the informant.
3. The petitioner no. 3 apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118(2), 109(1), 303(2), 352, 351(3) and 3(5) of the BNS.
4. The Investigating Officer of the case, in compliance
of the order dated 15.01.2026, is present in the Court.
5. Learned counsel appearing on behalf of the
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petitioner no. 3 submits that the Investigating Officer of the case
was called with the injury report of the injured, namely,
Madeshwar Prasad and Pasupati Prasad.
6. Learned counsel for the petitioner no. 3 submits
that petitioner no. 3 is a senior citizen, aged about 61 years and
is a person with clean antecedent and the informant alleges that
on account of dispute relating to land, Subodh Paswan assaulted
the informant by an iron rod causing injury on his head while
Kamlesh Paswan, petitioner no. 3 and Muresh Paswan assaulted
the brother of the informant, namely, Pashupati Prasad with
khanti and rod causing injury on his temporal region and
fracture of jaw thereafter petitioner no. 3, Ramprit Paswan and
Mahendra Paswan assaulted Rambilash Paswan by lathi and the
accused also snatched gold chain, ring and Rs.5,000/- from the
informant.
7. Learned counsel for the petitioner no. 3 submits
that petitioner no. 3 has been falsely implicated in the instant
case by the informant. It is further submitted that on account of
dispute relating to land, the occurrence is alleged to have taken
place. It is next submitted that allegation of assault is also not
specific, rather the informant alleges that Kamlesh Paswan
along with petitioner no. 3 and Muresh Paswan assaulted
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Pashupati Prasad. It is also submitted that from perusal of the
injury report annexed with the anticipatory bail application, it
would manifest that the same records the injury suffered by
Pashupati Prasad to be simple in nature and two injuries are
recorded i.e. swelling and pain on left cheek and swelling on left
thigh. It is further submitted that Pashupati Prasad was
examined by the Doctor, CHC, Hulasganj on 10.11.2024 at
09:40 a.m. i.e. just after the occurrence. It is next submitted that
from perusal of the injury report annexed as Annexure-P/4, it
would manifest that the same does not even record that the
injured was referred to a Higher Centre but then it is submitted
that the injury subsequently was manipulated and was opined to
be grievous.
8. Learned A.P.P. for the State and learned counsel
appearing on behalf of the informant opposed the prayer for
anticipatory bail of the petitioner no. 3.
9. Learned A.P.P. based on the injury report produced
by the Investigating Officer submits that Pashupati Prasad
suffered grievous injury. It is further submitted that the injury
was prepared by the CHC based on the report of the PMCH on
which learned counsel appearing on behalf of the petitioner no.
3 submits that when initially the injured was not referred to the
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PMCH then on what basis the injured went to the PMCH for
treatment when his injury was opined to be simple in nature as
recorded hereinabove. It is next submitted that it appears that
the injury report has been manipulated. It is also submitted that
the injury report annexed as Annexure-P/4 to the anticipatory
bail application is also part of the case diary. It is, thus,
submitted that since the injury report annexed in the instant
anticipatory bail application is also part of the case dairy, hence,
cannot be doubted. It is reiterated and submitted that petitioner
no. 3 is a senior citizen and has remained a person with clean
antecedent and all of a sudden has been made a criminal with an
allegation that he along with two others assaulted Pashupati
Prasad causing injury. It is also submitted that petitioner no. 3
will not abscond rather will cooperate in the investigation to
prove his innocence.
10. Considering the submissions made by the learned
counsel for the petitioner no. 3, let the petitioner no. 3 above-
named, in the event of his arrest or surrender before the learned
trial court within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
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is pending/Successor Court in connection with Hulasganj P.S.
Case No. 310 of 2024, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the BNSS.
11. However, if the investigating officer of the case
files an application before the learned trial court bringing to its
notice that the petitioner no. 3 despite giving assurance to this
Court is not cooperating in the investigation, the learned trial
court shall be at liberty to cancel the bail bonds of the petitioner
no. 3
12. The personal appearance of the Investigating
Officer of the case is dispensend with.
(Satyavrat Verma, J)
Kundan/-
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