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Patna High Court

Rakesh Paswan @ Rakesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
Patna High Court CR. MISC. No.4667 of 2026(2) dt.16-03-2026
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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,
Patna High Court CR. MISC. No.4667 of 2026(2) dt.16-03-2026
                                            3/4




          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.
           Patna High Court CR. MISC. No.4667 of 2026(2) dt.16-03-2026
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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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