Patna High Court
Azad Kumar @ Azad PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, as the FIR does not specifically allege his participation in the assault.
Summary
The petitioner, Azad Kumar, sought anticipatory bail after learning that he was implicated in FIR No. 264 of 2025 for offences under the Bhartiya Nyay Sanhita, 2023, although his name does not appear in the FIR. The FIR alleges that three named co‑accused assaulted the informant and her father, and makes no allegation of physical assault against the petitioner, who claims a clean antecedent. The petitioner’s counsel argued that the charge is based solely on suspicion and lacks substantive material. The State opposed the bail, contending that the petitioner could be involved in the offences. The Court observed that the FIR specifically attributes the assault to the three co‑accused and, finding no material linking the petitioner, ordered that he be granted anticipatory bail on surrender within four weeks, subject to a bail bond of Rs.10,000 with two sureties and the conditions of Section 438(2) Cr.P.C. and Section 482(2) Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- What is the appropriateness of granting anticipatory bail to a person not named in the FIR but alleged to be involved in the offences?
- Whether the lack of specific allegations against the petitioner and his clean antecedent justify bail under Section 438 Cr.P.C. and Section 482 B.N.S.S.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 126(2), 190, 191(2), 303(2), 324(4), 351(2), 352, 76
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- criminal procedure
- clean antecedent
- FIR
- non‑named accused
- Bhartiya Nyay Sanhita
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41899 of 2026
Arising Out of PS. Case No.-264 Year-2025 Thana- KAKO District- Jehanabad
======================================================
Azad Kumar @ Azad Paswan S/O Kamlesh Paswan Resident of Village-
Ramdhani, P.S- Kako Bhelawar, District- Jehanbad.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Shanker Pankaj, Advocate
For the Opposite Party/s : Mr.Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, not named in the F.I.R., is
apprehending his arrest in connection with Kako
(Bhelawar) P.S. Case No. 264 of 2025 registered for the
offences punishable under Sections 191(2), 190, 126(2),
115(2), 109(1), 76, 324(4), 303(2), 352, 351(2) of the
Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).
3. As per FIR, nine named and 10 – 15 unknown
persons after criminal trespass to the house of the informant
assaulted the informant and her father causing head and
bodily injury.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner implicated with present
Patna High Court CR. MISC. No.41899 of 2026(2) dt.01-07-2026
2/3
crime in question without having any cogent materials and
only on the basis of suspicion, after one month, the present
FIR has been lodged.
5. It is submitted that FIR specifically alleged that
the physical assault was caused by named co-accused
namely, Dipak Mishra, Sintu Yadav and Kindar Yadav
without raising any further allegation of physical assault
qua any named or unknown co-accused persons. Petitioner
claimed clean antecedent.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
7. In view of the aforesaid factual submissions and
by taking note of the fact as allegation as to cause physical
assault is specifically raised against three co-accused
persons as mentioned aforesaid without involvement of
petitioner, accordingly, above-named petitioner, who is a
man of clean antecedent, in the event of his arrest/surrender
within a period of four weeks from this order, is directed to
be enlarged on bail on furnishing of bail bond of
Rs.10,000/- (ten thousand only) with two sureties of the like
amount each to the satisfaction of learned Sub-Divisional
Patna High Court CR. MISC. No.41899 of 2026(2) dt.01-07-2026
3/3
Judicial Magistrate, Jehanabad/ concerned court in
connection with Kako (Bhelawar) P.S. Case No. 264 of
2025, subject to the conditions as laid down under Section
438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.