Patna High Court
JHUL PASWANversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The High Court exercised its inherent jurisdiction under Section 482(2) of the Bharatiya Nyaya Sanhita to grant bail to the petitioners subject to strict conditions.
Summary
The petitioners, six members of the Paswan family, sought bail in connection with a FIR alleging assault with an iron bar causing head injury to an informant, under several sections of the Bharatiya Nyaya Sanhita. They contended that the allegations were vague, the injuries were minor, and they were falsely implicated, while also offering undertakings to refrain from future offences. The State opposed bail, emphasizing the seriousness of the charges and the petitioners' criminal antecedents. The Court noted the general and omnibus nature of the allegations but exercised its inherent power under Section 482(2) of the BNSS to grant bail, imposing a bond of Rs.10,000 with two sureties and specific conditions. The bail order was conditioned on appearance before the trial court, non‑tampering with witnesses, and abstention from similar offences, with cancellation provisions for non‑compliance.
Issues considered
- Whether bail can be granted when the allegations against the accused are general and omnibus in nature
- Whether the seriousness of the offences under the cited sections of the BNSS precludes bail
- Whether the petitioners' prior criminal antecedents affect the grant of bail
- Whether Section 482(2) of the BNSS empowers the High Court to impose conditions on bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 110, 115(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- Section 482
- Bharatiya Nyaya Sanhita
- general and omnibus allegation
- criminal antecedents
- assault
- high court jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5771 of 2026
Arising Out of PS. Case No.-123 Year-2025 Thana- KORMA District- Sheikhpura
======================================================
1. JHUL PASWAN S/o Shiv Paswan R/o vill - Belauni, P.S.- Korma, Distt.-
Sheikhpura
2. Bidhan Paswan @ Bidhan Kumar S/o Sato Paswan R/o vill - Belauni, P.S.-
Korma, Distt.- Sheikhpura
3. Sato Paswan S/o Shiv Paswan R/o vill - Belauni, P.S.- Korma, Distt.-
Sheikhpura
4. Nanuchand Paswan @ Nunuchandra Paswan S/o Shiv Paswan R/o vill -
Belauni, P.S.- Korma, Distt.- Sheikhpura
5. Ajit Paswan @ Ajit Kumar Paswan S/o Shiv Paswan R/o vill - Belauni, P.S.-
Korma, Distt.- Sheikhpura
6. Bhushan Paswan S/o Shiv Paswan R/o vill - Belauni, P.S.- Korma, Distt.-
Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the parties.
2. The petitioners are apprehending their arrest in
connection with Korma P.S. Case No.123 of 2025, dated
26.10.2025 case registered for the offence punishable under
Sections 126(2), 115(2), 118(1), 110, 352, 351(2), 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per the FIR, the petitioners are alleged to have
assaulted the informant with an iron bar, as a result of which he
sustained a head injury.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
Patna High Court CR. MISC. No.5771 of 2026(3) dt.24-02-2026
2/3
case. Referring to the impugned order, he submits that the
allegations against the petitioners are general and omnibus in
nature. He further submits that the injuries have been found to be
simple in nature, which do not corroborate the manner in which the
injuries are alleged to have been caused to the informant. Learned
counsel further submits that the petitioners undertake not to
indulge in any similar offence in the near future and that, if the
allegations against them are found to be true, the police officials
shall be at liberty to take appropriate steps for cancellation of their
bail. Lastly, it is submitted that petitioner nos. 1, 3, and 6 have
three criminal antecedents each; petitioner nos. 2 and 5 have two
criminal antecedents each; and petitioner no. 4 has one criminal
antecedent.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
6. Taking into account that there is general and
omnibus allegation against the petitioners, let the above named
petitioners, be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of six
weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of the learned J.M., 1st Class, Sheikhpura/
Patna High Court CR. MISC. No.5771 of 2026(3) dt.24-02-2026
3/3
Successor Court in connection with Korma P.S. Case No.123 of
2025 subject to the conditions as laid down under Section 482(2)
of the BNSS as well as the following conditions:
(i) One of the bailors should be the family
member/relative/ known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of
his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
similar criminal offence again, failing which the police officials
shall be at liberty to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
Checking your session…