Patna High Court
Subodh Paswan @ Subodh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, finding the injury minor and the dispute a personal feud.
Summary
The petitioner, Subodh Paswan, applied for anticipatory bail in a case where the FIR alleged that he assaulted the informant's son with an iron rod, causing a minor head injury. The dispute arose between co‑villagers during the informant's daughter's marriage procession, involving alleged damage to the petitioner's maize crop and a counter‑case filed by the petitioner. The informant opposed bail, arguing a prima facie case of assault, while the petitioner contended the injury was minor and the matter was a personal feud. The court noted the minor nature of the injury and the existence of a case‑and‑counter‑case, and consequently granted anticipatory bail with conditions. The bail order required a bond of Rs. 10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted in a case alleging assault with a minor injury.
- Whether the existence of a case and counter‑case between co‑villagers affects the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- assault
- minor injury
- case and counter case
- co‑villagers
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66298 of 2025
Arising Out of PS. Case No.-166 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Subodh Paswan @ Subodh Kumar S/O Surendra Paswan Resident of Village -
Sunder Nagar, Achuara, P.S.- Athmalgola, District- Patna (Bihar)
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Deo Varman, Advocate
For the Informant : Mr. Akash Shankar, Advocate
Mr. Raj Kumar, Advocate
Ms. Archana, Advocate
For the State : Mr. Surendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 25-02-2026 Heard learned Counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Athmalgola Police Station Case No. 166 of 2025,
disclosing offences under Sections 126(2), 115(2), 109(1), 74,
352, 351(2), 3(5) of B.N.S., 2023.
3. The prosecution case, as per the First Information
Report, is that on 13.05.2025, the brother and son of the
informant were going to medical store for purchase of medicine.
They were accosted by petitioner and other accused persons and
Patna High Court CR. MISC. No.66298 of 2025(4) dt.25-02-2026
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it has been alleged that petitioner assaulted the son of the
informant by means of iron rod on his head due to which he
sustained injury.
4. Learned Counsel for the petitioner submits that
both the parties are co-villagers and dispute has occurred during
marriage ceremony of informant's daughter; inasmuch as during
course of the marriage procession, the maize crop of the
petitioner’s side was damaged. There is case and counter case
lodged by the side of the petitioner bearing Athmalgola P.S.
Case No. 165 of 2025 under Section 103 and other allied
sections of B.N.S. 2023, in which, during course of treatment,
father-in-law of the side of the petitioner died. From perusal of
the injury report, it appears that the injury is minor in nature,
having lacerated wound of 5 cm.
5. On the other hand, learned counsel for the
informant vehemently opposed the prayer for anticipatory bail
and submits that there is specific allegation against the
petitioner that he assaulted by iron rod on the head of the
informant’s son due to which he sustained head injury. Though
the nature of injury has not been disclosed by the Dr., but from
the allegation made in the FIR, a prima facie case is made out.
In the FIR lodged by the side of the petitioner, almost all the
Patna High Court CR. MISC. No.66298 of 2025(4) dt.25-02-2026
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family members of the informant went to jail.
6. Regards being had to the submissions made on
behalf of the parties and taking into consideration the fact that
both the parties are co-villagers, there is case and counter case
between them, though the nature of injury has not been
disclosed by the Dr. about the injury sustained by the victim, it
appears not serious in nature, I am inclined to grant the
petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his
arrest or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned District and Additional Sessions Judge
III, Barh (Bihar), in connection with Athmalgola Police Station
Case No. 166 of 2025, subject to the condition laid down under
Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita.
(Anil Kumar Sinha, J)
Siwani/-
U T
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