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Patna High Court

Diwakar Paswan @ DiwakarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted to the petitioner.

Summary

Diwakar Paswan applied for anticipatory bail in connection with a criminal case (Riga P.S. Case No. 102 of 2023) involving offences under Sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code. The prosecution alleged that the petitioner participated in assaulting the deceased and caused simple injury to another person. The petitioner’s counsel argued that the alleged act amounted only to simple injury and that he feared arrest. The State contended that the petitioner had actively participated, even catching hold of the deceased, and was therefore liable under the IPC provisions. The High Court, after considering the submissions, declined to grant anticipatory bail, directing the petitioner to surrender within four weeks and to seek regular bail, failing which the police would be ordered to arrest him. The order was communicated to the Superintendent of Police for compliance.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the petitioner’s alleged conduct falls within the ambit of the IPC sections invoked

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • assault
  • murder
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43403 of 2025
                        Arising Out of PS. Case No.-102 Year-2023 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Diwakar Paswan @ Diwakar S/o Umesh Paswan R/o Village-Bhavdepur Got,
                 Ward No.-1, P.S.- Riga, District- Sitamadhi

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Deepak Kumar
                 For the Opposite Party/s :        Mr.Jharkhandi Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   19-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Riga P.S. Case No. 102 of 2023 registered for

                   the offence under Sections 147, 148, 149, 341, 323, 324, 307,

                   302 of the Indian Penal Code.

                                   3.    As per the prosecution case, the allegation

                   against the petitioner and others is of assaulting the deceased

                   and the injured.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is accused of assaulting the

                   injured which has caused simple injury to him.

                                   5. Learned counsel for the informant and learned

                   counsel for the State have opposed the application of the
          Patna High Court CR. MISC. No.43403 of 2025(3) dt.19-02-2026
                                                      2/2




                    petitioner and have submitted that the petitioner has participated

                    in the crime and he cannot escape his liability under the sections

                    of Indian Penal Code. They have also submitted that the

                    petitioner has caught hold of the deceased.

                                    6. Considering the aforesaid facts, this Court is not

                    inclined to grant anticipatory bail to the petitioner.

                                     7.    Accordingly, this application for anticipatory

                    bail is dismissed.

                                    8. The petitioner is directed to surrender in the

                    Court below within four weeks from today and pray for regular

                    bail failing which the Superintendent of Police, Sitamarhi will

                    take all steps for arrest of the accused person/s including the

                    petitioner.

                                    9.     Let a copy of this order this order be

                    communicated to the Superintendent of Police, Sitamarhi

                    through FAX for its compliance.



                                                                  (Sandeep Kumar, J)
Vikas/-

U


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