Patna High Court
Subash PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Since the FIR contains only a general, omnibus allegation against the petitioner and no specific charge of assault or overt act, bail was granted subject to conditions.
Summary
The petitioner, Subash Paswan, was arrested on 17 September 2025 in connection with a land‑dispute case (PS‑Case No. 325 of 2025) and charged under numerous sections of the BNS, 2023 and Section 27 of the Arms Act. He filed a bail petition, contending that the FIR contains only a general, omnibus allegation against all accused and no specific charge of assault or firing attributable to him. The State opposed bail, highlighting the petitioner’s inclusion in the FIR and his three other pending cases. The Court observed that the FIR does not specifically allege any overt act by the petitioner and therefore granted bail on a cash bond of Rs 10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The order also directed that verification of the petitioner’s criminal antecedents should not delay the acceptance of bail.
Issues considered
- Whether the petitioner is entitled to bail despite being named in the FIR with multiple charges but without a specific allegation of assault or overt act
- Whether the petitioner’s prior criminal cases affect the grant of bail
Legislation cited
Subjects
- bail
- FIR
- omnibus allegation
- land dispute
- Criminal Procedure Code
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4416 of 2026
Arising Out of PS. Case No.-325 Year-2025 Thana- DINARA District- Rohtas
======================================================
Subash Paswan Son of Rameshwar Paswan R/o Village - Belwaeya, P.S.-
Dinara, District - Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prem Kumar Paswan, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 18-04-2026 Heard Mr.Prem Kumar Paswan, learned counsel for
the petitioner and Mr.Binod Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
17.09.2025 in connection with Dinara P.S. Case No. 325 of
2025, F.I.R. dated 06.07.2025 registered for the offence
punishable under Sections 191(2), 191(3), 190, 329(3), 324(3),
324(4), 115(2), 126(2), 109, 351(2) and 352 of BNS, 2023 and
Section 27 of Arms Act.
3. The facts of this Case is that the informant filed his
Written report dated 06.07.2025 before the Station House
Officer Dinara (Rohtas) Stating therein that he purchased the
land through mortgage deed for 3 Years from Raiyat Babua
Singh and was planting Paddy Crops in the meantime petitioner
Patna High Court CR. MISC. No.4416 of 2026(3) dt.18-04-2026
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along with other named Co- accused entered into field and
stared abusing and all five started firing from pistol and that if
after that day informant came to field he would have to uprooted
planted paddy Crops of the field and were threatening face dire
consequences and requested to enquire into matter and to take
legal action.
4. Learned counsel appearing for the petitioner
submits that although the petitioner is named in the FIR but
from a bare perusal of the FIR it appears that due to admitted
land dispute the present occurrence had taken place and there is
no specific allegation of any assault, overt-act or firing
attributed against the petitioner rather there is general and
omnibus allegation against all the accused persons including the
petitioner. The police, after investigation, submitted the
chargesheet against the petitioner and the petitioner is in custody
since 17.09.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner is named in the FIR and apart from
that, the petitioner carries three more cases other than the
present one, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts and there is no
Patna High Court CR. MISC. No.4416 of 2026(3) dt.18-04-2026
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specific allegation of any assault, overt-act or firing attributed
against the petitioner rather there is general and omnibus
allegation against all the accused persons including the
petitioner, let the petitioner, above named, 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 learned
J.M.-1st Class, Bikramganj, Rohtas at Sasaram in connection
with Dinara P.S. Case No. 325 of 2025, with the following
conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
Patna High Court CR. MISC. No.4416 of 2026(3) dt.18-04-2026
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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