Patna High Court
Dhanji PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the petition for anticipatory bail, granting it subject to specified conditions.
Summary
Petitioner Dhanji Paswan sought anticipatory bail fearing arrest in connection with Bhabua (Sonhan) P.S. Case No. 102 of 2025, which alleged offences under several IPC sections and the Dowry Prohibition Act. The prosecution alleged that the petitioner, along with others, assaulted the informant and her brother and seized money. The petitioner contended that he was falsely implicated, that the informant and her brother were the aggressors, the injury was minor, and there was no specific allegation of an overt act against him. The State and the second opposite party opposed bail, arguing the seriousness of the alleged assault. After considering the submissions, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., directing the petitioner to furnish bail bonds and comply with attendance and conduct requirements.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged offences.
- Whether the allegations against the petitioner constitute a ground to deny bail on the basis of likelihood of tampering with evidence or fleeing.
- Whether the petitioner’s claim of false implication and lack of specific overt act warrants the grant of bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 115(2), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- false implication
- assault
- IPC
- Dowry Prohibition Act
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54154 of 2025
Arising Out of PS. Case No.-102 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
Dhanji Paswan, son of Ram Bali Paswan R/V- Semra P.S -Sonhan Dist
-Kaimur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rekha Devi, Daughter of Hira Paswan village- Akhlashpur, Ps- Bhabhua,
Dist- Kaimur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shankar Sahay, Advocate
Mr. Rakesh Kumar Mishra, Advocate
Mr. Kanhaiya Rao, Advocate
For the Opposite Party No.1 : Mr. Aditya Narayan Singh.1, APP
For the Opposite party No.2 : Mr. Abhash, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
5 21-01-2026 Heard learned counsel for the petitioner, learned
counsel for the opposite party no.2 and learned A.P.P. for the
State.
2. Petitioner apprehends his arrest in connection with
Bhabua (Sonhan) P.S. Case No. 102 of 2025 registered for the
offences under Sections 126(2), 115(2), 352, 351(2), 3(5) of the
Indian Penal Code and Section 3/4 of the Dowry Prohibition
Act.
3. As per the prosecution case, the informant has
alleged that all the named accused persons assaulted her and her
brother, who had come there to visit her.
Patna High Court CR. MISC. No.54154 of 2025(5) dt.21-01-2026
2/4
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case and no such
occurrence has taken place. It has been submitted that in fact it
was the brother of the informant and the informant herself who
were the aggressors and they had assaulted the petitioner and
others, for which one Bhabhua P.S. Case No. 103 of 2025 was
lodged, however, the present case was lodged by the informant
just prior to the case of the petitioner on false and concocted
story. It has next been submitted that the so-called injury
sustained by the informant was found to be simple in nature and
the same is referred to in Paragraph '61' of the case diary. It has
further been submitted that there is no specific allegation of
alleged overt act against the petitioner. It has lastly been
submitted that the petitioner has clean antecedent.
5. Learned APP for the State and learned counsel for
the opposite party no.2 have vehemently opposed the prayer for
anticipatory bail and have stated that the petitioner, along with
others, had assaulted the informant and others and had even
snatched away money from them.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
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event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Bhabua (Sonhan) P.S. Case No. 102 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure read with corresponding Section 482(2) of
B.N.S.S. as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned 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 bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
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7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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