Patna High Court

Saroj PaswanversusThe State of Bihar

Decided: 27 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted anticipatory bail to the petitioners subject to a bond, sureties and compliance with Section 482 conditions.

Summary

The petitioners, Saroj Paswan and Pappu Paswan, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bhartiya Nyaya Sanhita for alleged assault, robbery and threats. The FIR alleged that on 19 July 2025 the accused attacked an informant and his family with a pistol and iron rod, causing simple injuries, and looted cash and a gold chain. The petitioners contended that the charge sheet was vague, lacking specific overt acts against them, and pointed out that similarly situated co‑accused had already been granted anticipatory bail. The State opposed the bail application. After considering the facts, the court held that the petitioners could be released on anticipatory bail, subject to a bond of Rs 10,000 with two sureties and compliance with conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order was conditioned on surrender within eight weeks and satisfaction of the Judicial Magistrate, Begusarai.

Issues considered

Whether the petitioners are entitled to anticipatory bail despite the serious nature of the offences alleged under the Bhartiya Nyaya Sanhita.
Whether the allegations in the FIR are sufficiently specific to deny bail.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 189(5), 190, 191(2), 303(2), 351(3), 352

Subjects

anticipatory bail
assault
robbery
criminal procedure
Section 482
Bhartiya Nyaya Sanhita
Bhartiya Nagrik Suraksha Sanhita
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5247 of 2026
                        Arising Out of PS. Case No.-158 Year-2025 Thana- Lakho District- Begusarai
                 ======================================================
           1.     Saroj Paswan S/O Late Khakhar Paswan @ Khakhar Paswan R/O Village-
                  Bajidpur (Bazidpur), Bajitpur, Ward No. 45, P.S- Lakho, Distt.- Begusarai.
           2.     Pappu Paswan S/O Late Khakhar Paswan @ Khakhar Paswan R/O Village-
                  Bajidpur (Bazidpur), Bajitpur, Ward No. 45, P.S- Lakho, Distt.- Begusarai.
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sandip Kumar Gautam
                 For the Opposite Party/s :        Mr.Md. Ataur Rahman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   27-02-2026                    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 offence under Sections 126(2), 115(2), 189

                   (5), 191(2), 109(1), 303(2), 352, 351(3) and 190 of the Bhartiya

                   Nyaya Sanhita.

                                3. As per F.I.R., on 19.07.2025 at about 7:25 PM, all

                   the named accused persons, including these petitioners assaulted

                   informant and his family members with pistol and iron rod,

                   causing injuries to them. It is further alleged that accused

                   persons looted cash of Rs. 12,000/- (twelve thousand) and gold

                   chain from informant’s wife & son and also threatened to kill

                   them.
           Patna High Court CR. MISC. No.5247 of 2026(3) dt.27-02-2026
                                                       2/2




                                  4. Learned counsel for the petitioners submits that

                     allegation of assault is general and omnibus and no specific

                     overt act has been alleged against these petitioners. Injuries,

                     sustained by the injured, are simple in nature. Similarly situated

                     co-accused have already been granted anticipatory bail by this

                     Court, vide order dated 20.01.2026 passed in Cr.Misc. No. 68 of

                     2026.

                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioners, in the event of their

                     arrest/surrender within a period of eight weeks from today, be

                     enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                     thousand) each with two sureties of the like amount each to the

                     satisfaction of learned Judicial Magistrate 1st Class, Begusarai

                     in connection with Lakho P.S. Case No. 158 of 2025, subject to

                     condition as laid down under Section 482 of the Bhartiya Nagrik

                     Suraksha Sanhita, 2023.



                                                       (Prabhat Kumar Singh, J)
anay

U      T

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