Patna High Court
Heera PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to the conditions specified under Section 482 of the Bharatiya Nyaya Sanhita.
Summary
Heera Paswan applied for anticipatory bail in connection with a case alleging stone‑pelting and abuse after a dispute over playing a DJ, offences charged under several sections of the Bharatiya Nyaya Sanhita. The petitioner claimed he was falsely implicated due to a personal rivalry and that no injury report was ever filed by the informant. The State opposed the bail, arguing the seriousness of the alleged offences. The High Court, after considering the submissions, ordered that the petitioner be released on bail if arrested, subject to a Rs.10,000 bond, two sureties and several conditions under Section 482 of the BNS. The order also stipulated that the bail could be cancelled for non‑appearance or concealment of criminal antecedent, and that the observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted under Section 482 of the Bharatiya Nyaya Sanhita in the present case
- Whether the allegations constitute sufficient ground to deny bail
- Whether the absence of an injury report affects the merits of the bail application
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 482
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 482
- stone pelting
- false implication
- personal rivalry
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52514 of 2025
Arising Out of PS. Case No.-135 Year-2025 Thana- KALYANPUR District- Samastipur
======================================================
Heera Paswan S/o Late Baleshwar Paswan R/o Village -Ratwara P.S-
Kalyanpur District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
5 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Kalyanpur P.S. Case No. 135 of 2025,
instituted for the offences punishable under Sections 126(2),
115(2), 109, 303(2), 352, 351(2), 351(3) and 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per the FIR, the allegation upon the petitioner is
that he along with other co-accused persons were demanding to
play the DJ and when the informant refused, it is alleged that the
accused persons including the petitioner started pelting stones
upon the informant and also abuse them.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated on account of personal
Patna High Court CR. MISC. No.52514 of 2025(5) dt.21-01-2026
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rivalry with the informant and no such incident as stated has
occurred. It is further submitted that though the impugned order
refers to that the learned APP assisted by one private counsel
before the court below had filed certain injury report, however,
from perusal of the case diary, it would be evident that despite
repeated reminders to the informant no injury report was
furnished by the informant in the present case. It has thus been
submitted that the receiving of injury by any person of the
prosecution side is false and fabricated and the petitioner and
others have been implicated out of personal grudge. Lastly, it
has been submitted that the petitioner has clean antecedent.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
his/her/their furnishing bail bonds in the sum of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Samastipur
in connection with Kalyanpur P.S. Case No. 135 of 2025,
subject to the conditions as laid down under Section 482 of the
Patna High Court CR. MISC. No.52514 of 2025(5) dt.21-01-2026
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BNSS and subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the
petitioners will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal
antecedent of the petitioner and in case at any stage, it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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