Patna High Court
Sonu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond of Rs.10,000 and two sureties, on the ground that the allegations were general and omnibus.
Summary
Sonu Paswan, husband of the informant Khushboo Kumari, applied for anticipatory bail in connection with FIR No. 497 of 2025 alleging his involvement in assault, torture and abuse of the informant. The prosecution alleged that the petitioner participated in the offences punishable under sections 85, 115(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he was falsely implicated solely because of his marital relationship with the informant and that the allegations were vague and omnibus. The State opposed bail, arguing that the FIR contains a direct allegation against the petitioner and that mediation had failed. After hearing both sides, the court noted the general nature of the allegations and, subject to a bail bond of Rs.10,000 and two sureties, granted anticipatory bail, directing the petitioner to surrender within four weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the allegations in the FIR.
- Whether the allegations against the petitioner are specific enough to deny bail or are merely general and omnibus.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 3(5), 85
Subjects
- anticipatory bail
- false implication
- domestic violence
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6381 of 2026
Arising Out of PS. Case No.-497 Year-2025 Thana- HARNAUT District- Nalanda
======================================================
Sonu Paswan S/o Gorelal Paswan R/o Village - Phalanwan, P.S - Harnaut,
District - Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. Khushboo Kumari W/o Sonu Paswan D/o Jamahir Paswan, R/o Village -
Phalanwan, P.S - Harnaut, District - Nalanda, At present R/o Village -
Sunderpur, Ward No. 1, P.O - Karauta, P.S - Salimpur, District - Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the State : Mr. Mohammed Arif, APP
For the Informant : Mr. Akash Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 29-04-2026 1. Heard learned counsel for the parties.
2. The petitioner in this application prays for bail
apprehending his arrest in connection with Harnaut P.S. Case
no.497 of 2025 registered for the offence punishable under
sections 85, 115(2) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the informant who
was married to the petitioner herein was abused, tortured and
assaulted by the accused persons including the petitioner who
happens to be her husband.
4. Learned counsel for the petitioner submits that
the petitioner has been falsely implicated in the case only for the
Patna High Court CR. MISC. No.6381 of 2026(4) dt.29-04-2026
2/2
reason of his being the husband of the informant. The
allegations are false and concocted besides being general and
omnibus in nature. The petitioner undertakes to cooperate in the
investigation/trial.
5. The application for bail is opposed by learned
A.P.P. for the State and learned counsel for the informant. It is
submitted that there is direct allegation against the petitioner in
the FIR. The matter was referred for mediation, however the
same failed.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the allegations being general and omnibus in nature, it
is directed that the petitioner, above named, in the event of his
arrest or surrender before the learned Court below within a
period of four weeks, be released on anticipatory bail in
connection with Harnaut P.S. Case no.497 of 2025 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate I, Nalanda at Biharsharif.
(Partha Sarthy, J)
Saurabh/-
U T
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