Patna High Court
Rakesh Paswan @ Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners, subject to bond, sureties and conditions, pending further investigation.
Summary
The petitioners, four residents of Alpa village, sought anticipatory bail fearing arrest in a case (PS Konch Case No. 272 of 2025) involving offences under multiple sections of the Bihar Negotiable Instruments Act, the Arms Act and the Criminal Procedure Code. They alleged that the FIR, filed three days after the incident, falsely implicated them in an alleged assault and property damage that occurred on 11 May 2025, pointing out inconsistencies between the reported injuries and the medical report. The petitioners argued they have prior cases arising from land disputes, are currently on bail, and would cooperate with the investigation. The State opposed the bail, contending the allegations warranted detention. The Court, after considering the submissions, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and compliance with Section 438(2) CrPC and Section 482(2) of the Bihar Negotiable Instruments Act, with a condition that the bail may be cancelled if the petitioners fail to cooperate.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the allegations against them.
- Whether the FIR and the injury report demonstrate a false implication of the petitioners.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 110, 115(2), 117(2), 126(2), 190, 191(2), 324(2), 351(2), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- false implication
- land dispute
- assault
- Arms Act
- Bihar Negotiable Instruments Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4667 of 2026
Arising Out of PS. Case No.-272 Year-2025 Thana- KONCH District- Gaya
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1. Rakesh Paswan @ Rakesh Kumar S/o Hari Paswan R/o Village- Alpa, PS-
Konch, District- Gaya
2. Rajesh Paswan @ Gorelal S/o Sajivan Paswan R/o Village- Alpa, PS-
Konch, District- Gaya
3. Kaushal @ Kaushal Paswan @ Kaushal Kumar S/o Ramanand Paswan R/o
Village- Alpa, PS- Konch, District- Gaya
4. Ramakant Kumar @ Ramakant Paswan S/o Ramashish Paswan @ Ramsiya
Paswan R/o Village- Alpa, PS- Konch, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Vardhan, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 191(2),
190, 126(2), 115(2), 352, 351(2), 324(2), 117(2) and 110 of the
BNS as well as Section 27 of the Arms Act.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of three cases but then the cases
were instituted on account of dispute relating to land and the
petitioners are on bail. It is further submitted that informant
alleges that on 11.05.2025, a Barat had come to his relative’s
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place. Further, he had gone to see Barat when he saw 21 named
accused persons including the petitioners along with 10
unknown accused cutting soil from his land by a JCB. On
objection, Rajesh assaulted the informant by rod on head, while
Vinod assaulted by rod causing fracture of left hand, thereafter,
all accused assaulted by lathi and rod and, thereafter, Rajesh
assaulted his nephew, namely, Anuj by rod causing injury on
hand and also damaged his motorcycle, when villagers gathered,
Rajesh fired and threatened that he will implicate them in
Harijan’s case.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is further submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that as far as
petitioner no. 1, 3 and 4 are concerned, the allegation against
them is general and omnibus in nature and petitioner no. 2
(Rajesh Paswan @ Gorelal) is alleged to have assaulted the
informant by rod causing injury on head but then from perusal
of the injury report of the informant annexed as Annexure-2, at
page 20, it would manifest that the same records pain with mild
diffuse swelling over left hand, abrasion over right (RT) little
finger, back pain caused by hard and blunt object. It is, thus,
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submitted that no injury is recorded on head which amply
demonstrates the false implication of the petitioners. It is next
submitted that petitioner no. 2 is alleged to have assaulted Anuj
but then the injury suffered by him has been opined to be simple
in nature as would manifest from Annexure-2 to the anticipatory
bail application itself and there is delay of three days in
instituting the FIR which also casts an aspersion on the case of
the prosecution. It is also submitted that petitioners will not
abscond rather will cooperate in the investigation to prove their
innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners, above-named, in
the event of their arrest or surrender within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending/Successor Court in
connection with Konch P.S. Case No. 272 of 2025, subject to
the conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
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7. However, it is made clear that if the Investigating
Officer of the case files an application before the learned Trial
Court bringing to its notice that the petitioners, despite giving
assurance to this Court, are not cooperating in the investigation,
the learned Trial Court shall be at liberty to cancel the bail
bonds of the petitioners.
(Satyavrat Verma, J)
Kundan/-
U T
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