Patna High Court
VINOD KUMAR @ VINOD PASWANversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bond and surety conditions and the power of the trial court to cancel the bail for non‑cooperation.
Summary
The petitioners, six members of the Paswan family, applied for anticipatory bail in a case alleging offences under several sections of the B.N.S. arising from a land dispute where the informant claimed they assaulted her and demanded extortion. The petitioners argued that the case was false, stemming from a prior dispute, and that the informant had previously obtained anticipatory bail for two of them with conditions that were complied with. The State opposed the bail, contending a risk of non‑cooperation. The High Court, after considering the submissions, granted anticipatory bail to the petitioners on the condition of furnishing a bail bond of Rs 10,000 each with two sureties and subject to Section 482(2) of the B.N.S.S., while reserving the right of the trial court to cancel the bail if they fail to cooperate. The order emphasized that the bail is contingent upon the petitioners presenting themselves as required and not obstructing the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the alleged false nature of the FIR and the prior bail conditions.
- Whether the petitioners pose a risk of absconding or tampering with evidence in the pending criminal case.
Legislation cited
Subjects
- anticipatory bail
- land dispute
- false FIR
- extortion
- Section 482
- bail conditions
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56763 of 2025
Arising Out of PS. Case No.-21 Year-2025 Thana- KAJI MUHAMMADPUR District-
Muzaffarpur
======================================================
1. Vinod Kumar @ Vinod Paswan S/O Late Vishwanath Paswan R/O Mohalla -
Maripur, P.S.- Kazi Mohammadpur, Distt.- Muzaffarpur
2. Deepa Devi @ Dipu D/O Vijay Paswan R/O Village- Mushahari Panchayat
Bhawan, Ps- Mushahari, District- Muzaffarpur
3. Gauri Devi W/O Vinod Paswan R/O Mohalla - Maripur, P.S.- Kazi
Mohammadpur, Distt.- Muzaffarpur
4. Kailash Paswan S/O Late Vishwanath Paswan R/O Mohalla - Maripur, P.S.-
Kazi Mohammadpur, Distt.- Muzaffarpur
5. Raju Paswan S/O Vinod Paswan R/O Mohalla - Maripur, P.S.- Kazi
Mohammadpur, Distt.- Muzaffarpur
6. Guriya Devi D/O Vinod Paswan, W/O Arun Paswan R/O Mohalla - Patahi
Narayanpur, P.S.- Sadar, Distt.- Muzaffarpur
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Shekhar Anand
For the Opposite Party/s : Mr.Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 01-05-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 223,
308(3), 308(4), 352, 351(2) of the B.N.S.
3. The learned counsel for the petitioners submits that
the petitioners have antecedent of one case, but then, the said
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case was instituted by the informant. It is further submitted that
the informant alleges that on 16.01.2025 in between 1.00 P.M.-
1.30 P.M., she had gone on her land for getting it cleaned.
Further, previous information was given to the police as such
police officials were also present at the place of occurrence
when six named accused persons including the petitioners along
with 7-8 unknown accused came and they started abusing and
even assaulted by pelting bricks, but the police officials
somehow managed to save her and took her to the police station.
It is further alleged that the accused persons are trying to
capture her land and are demanding extortion of Rs.50 Lacs. It
is further alleged that earlier informant had instituted Kazi
Mohammadpur P. S. Case No. 315 of 2022 against the accused
persons in which Raju Paswan and Guria Devi had approached
this Court seeking anticipatory bail and the same was granted
with a condition that if their bail bonds shall be cancelled if they
do not adhere to the condition imposed therein. It is also alleged
that the accused persons again are demanding extortion of Rs.10
Lacs.
4. The learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that earlier informant had
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instituted Kazi Mohammadpur P. S. Case No. 315 of 2022 in
which Raju Paswan and Guria Devi i.e. son and daughter of
Vinod Paswan had approached this Court seeking anticipatory
bail and the same was granted by an order dated 19.08.2024
with a condition that at the time of surrender, Raju and Guria
will file an affidavit stating therein that they have vacated the
land and are not in possession of the land as detailed in the FIR
failing which the anticipatory bail order shall not be given effect
to. It is submitted that Raju and Guria were enlarged on
anticipatory bail since an affidavit was filed to that effect. It is
next submitted that after the land was vacated and possession
was given to the informant, thereafter the instant false case
came to be instituted. It is also submitted that informant herself
alleges that at the place of occurrence on 16.01.2025, the police
personnel were present and in their presence the occurrence is
alleged to have taken place but then no FIR was instituted rather
the FIR came to be instituted on 17.01.2025. It is also submitted
that dispute in between the parties stand recorded in Cr. Misc.
No.43696 of 2024 and the instant FIR is a fall out of a dispute
relating to land. It is further submitted that petitioners are not
disturbing the possession of the informant, but then, for reasons
best known to the informant, the instant false case came to be
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instituted. It is also submitted that if privilege of anticipatory
bail is granted the petitioners will not abscond rather will
cooperate in the investigation to prove their innocence.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection with
Kazi Mohammadpur P. S. Case No.21 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
8. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned trial Court bringing to its notice that petitioners, despite
giving assurance to this Court, are not cooperating in the
investigation or are not presenting themself as and when
required, the learned trial Court shall be at liberty to cancel the
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bail bonds of the petitioners after recording reasons.
9. Let a copy of this order be sent to the concerned
Police Station through the learned trial Court.
(Satyavrat Verma, J)
vikash/-
U T
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