Patna High Court
Sudarshan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 3(5), 351(2), 352
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
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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
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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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