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Patna High Court

Subodh Paswan @ Subodh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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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