Patna High Court
Sahdeo PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Petitioner 1, not being the assailant of the deceased, is entitled to regular bail, whereas petitioner 2, being the assailant, is not entitled to bail.
Summary
The petitioners, Sahdeo Paswan and his wife Sumitra Devi, applied for regular bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023, alleging assault. The prosecution alleged that petitioner 1 assaulted an informant and petitioner 2 assaulted the deceased along with other women. The petitioners claimed innocence and clean antecedents, while the State opposed bail. The court, after reviewing the records, held that petitioner 1 was not the assailant of the deceased and granted him bail on a bond of Rs 10,000 with two sureties. Conversely, the court found petitioner 2 to be the assailant of the deceased and rejected her bail application. The application was therefore partly allowed, with the court emphasizing that its observations were prima facie and not determinative of the trial’s merits.
Issues considered
- Whether petitioner 1 is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023
- Whether petitioner 2, alleged assailant of the deceased, is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109(1), 115(2), 126(2), 3(5), 351(2), 351(3), 352
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- assault
- high court
- criminal procedure
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44846 of 2026
Arising Out of PS. Case No.-423 Year-2025 Thana- DESARI District- Vaishali
======================================================
1. Sahdeo Paswan S/o Nand Kishore Paswan R/o Village - Pohiyar Buzurg
Ward No 04, Police Station - Sahdei (Desari), District - Vaishali
2. Sumitra Devi W/o Sahdeo Paswan R/o Village - Pohiyar Buzurg Ward No
04, Police Station - Sahdei (Desari), District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra
For the Opposite Party/s : Mr. Shantanu Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-07-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Desari (Sahdei) P.S. Case No. 423 of 2025 registered for the
offence under Sections 126(2), 115(2), 109(1), 103(1), 352,
351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, petitioner no. 1 is
alleged to have assaulted the informant whereas petitioner no. 2
is said to have assaulted the deceased along with other women.
4. Learned counsel for the petitioners submits that
the petitioners are quite innocent and have not committed any
offence. He further submits that the petitioners are in custody
Patna High Court CR. MISC. No.44846 of 2026(2) dt.09-07-2026
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since 12.12.2025 having clean antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. Considering the fact
that petitioner no. 1 is not the assailant of the deceased, his
prayer for bail is allowed.
7. Accordingly, let the petitioner no. 1, above named,
be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Desari (Sahdei) P.S.
Case No. 423 of 2025.
8. So far as petitioner no. 2 is concerned, considering
the fact that she is the assailant of the deceased, I am not
inclined to grant regular bail to the petitioner no. 2. Accordingly,
her prayer for regular bail stands rejected.
9. This application is partly allowed.
10. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
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and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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