Patna High Court
Chandan PaswanversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to the conditions prescribed under Section 438(2) CrPC and Section 482 of the BNS.
Summary
The petitioner, Chandan Paswan, applied for bail in a criminal case (PS Case No. 559 of 2024) involving multiple offences under the Bihar Negotiable Sale (BNS) statutes, arising from a land dispute and an alleged assault causing simple injury. The prosecution alleged that the petitioner and the victim, Tej Narayan Singh, were co‑villagers and that the petitioner assaulted the victim. The petitioner’s counsel argued that the allegations were general and omnibus and that the petitioner was innocent. The State opposed the bail application, contending that the seriousness of the charges warranted continued custody. The Court, after considering the submissions, allowed the bail application, directing the petitioner to surrender within four weeks and furnish a bail bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNS.
Issues considered
- Whether bail should be granted to the petitioner under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNS in view of the alleged offences.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- land dispute
- assault
- criminal procedure
- Section 438
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42627 of 2025
Arising Out of PS. Case No.-559 Year-2024 Thana- HARSIDHI District- East Champaran
======================================================
Chandan Paswan S/O Ramasaray Paswan Resident of Village- Dariya, Ward
No.- 09, P.S- Harsidhi, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Adv
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 17-02-2026 Heard learned counsel for the petitioners, learned
counsel for the Opposite party and learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Harsidhi P.S.Case No.559 of 2024 registered for the
offence under sections 126, 115(2), 118, 109, 303(2), 351, 352,
3(5) of the BNS.
3. As per the prosecution case, both the parties are co-
villagers and some land dispute between them regarding
pathway, the occurrence has taken place.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has also been
implicated in this case. He further submits that there is general
and omnibus allegation against the petitioner and the victim Tej
Narayan Singh, who is said to have assaulted by the petitioner,
Patna High Court CR. MISC. No.42627 of 2025(6) dt.17-02-2026
2/2
has sustained simple injury.
5 Learned counsel for the State has opposed the bail
application of the petitioner.
6. Considering the aforesaid facts, the application is
allowed.
7. Let the petitioner no. 3, Chandan Paswan above
named, in the event of his arrest or surrender before the
concerned Court below within four weeks from today, 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, 1st class
Motihari / concerned court below in connection with Harsidhi
P.S.Case No. 559 of 2024, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973/
Section 482 of the BNSS.
(Sandeep Kumar, J)
N.K/-
U T
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