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Patna High Court

Sudarshan PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court ordered that the petitioners be released on bail subject to the stipulated conditions.

Summary

The petitioners Sudarshan Paswan, Sunil Paswan and Pamo Devi sought bail in a criminal case (PS Case No. 468/2025) alleging assault on an informant and his son, with charges under several sections of the Bharatiya Nyaya Sanhita, 2023. The FIR claims the accused, armed, attacked the informant, causing head injuries, and also assaulted the informant’s son. The petitioners contend they are innocent, asserting the matter stems from a long‑standing land dispute and that the informant filed the case as a retaliatory counter‑complaint; they also point out the injuries were minor. The State opposed bail. The Court, considering the dispute background and the pending cases, granted bail on the condition that the petitioners surrender within four weeks and furnish a bail bond of ₹30,000 under the Bharatiya Nagrik Suraksha Sanhita, 2023, subject to Section 482(2) conditions.

Issues considered

  • Whether bail should be granted to the petitioners pending trial for offences under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • land dispute
  • assault
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagrik Suraksha Sanhita
  • FIR
  • counter‑complaint

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4974 of 2026
                     Arising Out of PS. Case No.-468 Year-2025 Thana- PIRPAINTI District- Bhagalpur
                 ======================================================
           1.     Sudarshan Paswan Son of Kailash Paswan Resident of Village - Olapur, P.S.
                  - Pirpainti, Dist. - Bhagalpur.
           2.    Sunil Paswan Son of Kailash Paswan R/o Village - Olapur, P.S. - Pirpainti,
                 Dist. - Bhagalpur.
           3.    Pamo Devi W/o Kailash Paswan R/o Village - Olapur, P.S. - Pirpainti, Dist. -
                 Bhagalpur.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar No.6, Advocate
                 For the Opposite Party/s :       Mr.Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitionerd who apprehend arrest in connection

                   with Pirpainti P.S. Case No. 468/2025 lodged on 18.10.2025, for

                   the offences punishable under sections 191(2), 190, 126(2),

                   115(2), 109, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. As per the prosecution, the F.I.R. has been lodged

                   alleging therein that all the accused persons, variously armed,

                   came and assaulted the informant by causing a blow on his

                   head, as a result of which he sustained injuries. It is further
Patna High Court CR. MISC. No.4974 of 2026(2) dt.04-02-2026
                                            2/3




          alleged that when the son of the informant came to rescue him,

          he was also assaulted by the accused persons.

                       4. Learned counsel for the petitioners submit that the

          petitioners are innocent and have committed no offence. He

          further submits that the informant and the petitioners are

          relatives and that the alleged occurrence has arisen out of a

          long-standing land dispute between them. It is submitted that

          due to the said land dispute, several cases are pending between

          the parties, and in this background, three other criminal cases

          are also pending against the petitioners, in which they are

          already on bail. In this regard, a Panchnama was prepared

          (Annexure-3 to the bail application); however, the parties have

          not been adhering to the conditions stipulated therein. Learned

          counsel further submits that, in order to save his own skin in

          Pirpainti P.S. Case No. 467 of 2025, which was lodged by the

          petitioners, the informant has instituted the present case as a

          counterblast. It is further submitted that the injury report

          annexed to the record indicates that the injuries sustained by the

          informant are simple in nature.

                       5. Learned APP for the State opposes the prayer for

          bail.

                       6. In the facts and circumstances and considering that
            Patna High Court CR. MISC. No.4974 of 2026(2) dt.04-02-2026
                                                        3/3




                      there is case and counter case between the parties in the

                      background of land dispute, let the above named petitioners be

                      released on bail, in the event of arrest or surrender before the

                      Trial Court within a period of four weeks from today, on

                      furnishing bail bond of ₹30000/- (thirty thousand) as mentioned

                      in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita,

                      2023 to the satisfaction of the learned CJM, Bhagalpur, in

                      connection with the aforementioned case, subject to the

                      conditions as laid down under Section 482(2) of the Bharatiya

                      Nagrik Suraksha Sanhita, 2023.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T


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