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Patna High Court

Sonu PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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