Patna High Court
Ravindra Paswan @ Ravindra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners, subject to bail‑bond and surety conditions.
Summary
The petitioners, five residents of Baknaura village, sought anticipatory bail fearing arrest in a case registered under IPC sections 341, 323, 324, 307, 504 and 34 for allegedly assaulting an informant and her husband with lathis on 26 June 2024. They contended that the incident was a simple altercation between the children of the parties, resulting only in minor injuries, and that there was no specific allegation of an overt act against them, emphasizing their clean antecedent. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the nature of the accusations, the minor injuries, the case‑and‑counter‑case, and the petitioners' clean record, allowed anticipatory bail. The order directed the petitioners to surrender within eight weeks, furnish a bail bond of Rs 10,000 with two sureties, and comply with conditions under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
- Whether the alleged assault constitutes a cognizable offence justifying arrest
- Whether the petitioners' clean antecedent and the minor nature of injuries warrant bail
- Whether conditions under Section 482(2) of the CrPC are applicable
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 307, 323, 324, 34, 341, 504
Subjects
- anticipatory bail
- assault
- Indian Penal Code
- clean antecedent
- bail conditions
- Criminal law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5137 of 2026
Arising Out of PS. Case No.-226 Year-2024 Thana- ROHTAS District- Rohtas
======================================================
1. Ravindra Paswan @ Ravindra Kumar S/O Sukul Paswan Resident of village
- Baknaura, Police Station- Rohtas, District- Rohtas
2. Akash Paswan @ Akash Kumar S/O Shiv Prasad Paswan Resident of village
- Baknaura, Police Station- Rohtas, District- Rohtas
3. Chotu Paswan @ Upendra Kumar S/O Yugul Paswan Resident of village -
Baknaura, Police Station- Rohtas, District- Rohtas
4. Raja Paswan S/O Vinod Paswan Resident of village - Baknaura, Police
Station- Rohtas, District- Rohtas
5. Awadh Paswan S/O Fuguni Paswan Resident of village - Baknaura, Police
Station- Rohtas, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 341, 323, 324, 307,
504/34 of the Indian Penal Code.
3. As per prosecution case, on 26.06.2024 at about 7
PM, while informant was in her house, all the F.I.R. named
accused persons, including these petitioners came there and
assaulted informant and her husband by means of lathi, danda
as a result of which they sustained injuries.
Patna High Court CR. MISC. No.5137 of 2026(2) dt.03-02-2026
2/2
4. Learned counsel for the petitioners submits that
quarrel between the children of both parties led to simple
altercation in which both parties inflicted injuries upon each
other. Injuries sustained by the injured are simple in nature.
Allegation of assault is general and omnibus and there is no
specific allegation of any overt act against these petitioners.
Case and counter case. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, injuries, case
and counter case and clean antecedent, this anticipatory bail is
allowed and it is ordered that let the above named petitioners in
the event of their arrest/surrender before the court below within
a period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
Judicial Magistrate, 1st Class, Dehri, Rohtas in connection with
Rohtas P. S. Case No. 226 of 2024, subject to condition as laid
down under Section 482(2) of the BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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