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Patna High Court

Subash PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • Arms Act — s. 27
  • BNS, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 324(3), 324(4), 329(3), 351(2), 352

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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