Patna High Court
Pratap PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, Pratap Paswan, Shekhar Paswan and Rudal Paswan, sought anticipatory bail fearing arrest in a 2018 FIR (Case No. 479) alleging kidnapping of a minor under Sections 364/365 of the Indian Penal Code (now Bharatiya Nyaya Sanhita). The prosecution alleged that the petitioners abducted the informant's grandson using a four‑wheeler, which was later intercepted by villagers. The petitioners contended that the dispute stemmed from a settled land issue, that the police had already submitted a final report, and that they have no prior criminal record. The State opposed the bail, arguing the seriousness of the alleged offences. The High Court, noting the settlement of the underlying dispute, the clean antecedent of the petitioners, and the final police report, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, including a bail bond of Rs.10,000 and compliance with several behavioural directives.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the alleged kidnapping offences.
- Whether the settled land dispute and clean antecedent of the petitioners justify the grant of bail.
- Whether the conditions imposed under the Bhartiya Nagarik Suraksha Sanhita are appropriate.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 364, 365
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 364, 365
Subjects
- anticipatory bail
- kidnapping
- land dispute
- clean antecedent
- Section 364 IPC
- Section 365 IPC
- Section 438 CrPC
- Bhartiya Nagarik Suraksha Sanhita
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42503 of 2026
Arising Out of PS. Case No.-479 Year-2018 Thana- LAKHISARAI District- Lakhisarai
======================================================
1. Pratap Paswan Son of Yogendra Paswan R/o village-Bikkam, P.S. and
District-Lakhisarai.
2. Shekhar Paswan @ Sekho Paswan Son of Late Misho Paswan R/o village-
Bikkam, P.S. and District-Lakhisarai.
3. Rudal Paswan Son of Shekhar Paswan Resident of village-Bikkam, P.S.and
District-Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr.Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 01-07-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Lakhisarai (Kabaiya) P.S. Case No. 479 of 2018
F.I.R dated 12.08.2018 registered for the offences punishable
under Sections 364/365 of Indian Penal Code / Bharatiya Nyaya
Sanhita, 2023.
3. According to prosecution case, on 16.07.2018 at
05:00 P.M. the grandson of the informant, namely Bikash
Kumar, S/o Upendra Paswan was taken away by the petitioners,
through a four-wheeler (Scorpio) bearing Reg. No. BR53B-
2044, which was later intercepted by the villagers, upon alarm
Patna High Court CR. MISC. No.42503 of 2026(2) dt.01-07-2026
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being raised by the grandson of the informant, was rescued,
thereafter.
4. Learned counsel for the petitioners submit that the
allegations levelled in the F.I.R. was investigated and the Police
submitted final form. It has next been submitted that differing
with the said Police Report, cognizance has been taken and has
occasioned these petitioners to file the present Anticipatory Bail
Application. It has also been submitted that the allegations
which formed part of the F.I.R. originates from a land dispute,
which has already been settled and compromised between the
parties, which is appended with the petition as anneuxure- P/4.
It is submitted that the petitioners have clean antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail in respect of the petitioners.
6. Considering the fact that the issues have been
resolved and the final form was submitted after investigation
and the petitioners having no criminal antecedent, this Court is
inclined to grant the privilege of anticipatory bail to the
petitioners, with a condition that no such instance shall occur in
future.
7. Let the petitioners, above named, in the event of
his/her arrest or surrender before the Court below within a
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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 Judicial Magistrate, First Class,
Lakhisarai, in connection with the aforesaid P.S. Case, subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who
shall provide official document/personal affidavit
to show his/her bona fide;
(ii) the petitioner(s) shall appear on each
and every date before the Trial Court and failure to
do so for two consecutive dates without plausible
reason will entail cancellation of his/her/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try
to induce or promise or threat the witnesses or
tamper with the evidences, failing which the State
shall be at liberty to take steps for cancellation of
the bail bonds;
(iv) the petitioner(s) shall desist from
committing any criminal offence again, failing
which the State shall be at liberty to take steps for
cancellation of their bail bonds.
(Ajit Kumar, J)
surya/-
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