Patna High Court
Dheeraj Paswan @ Dheeraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioners are entitled to pre‑arrest bail as the case against them is prima facie weak and they have a clean antecedent.
Summary
The petitioners, three Paswan brothers from Ishara village, applied for pre‑arrest bail in a case registered under Sections 189(2), 126(2), 115(2), 303(2), 352, 351(3) and 109(1) of the Bihar Penal Code, alleging they assaulted the informant's husband and a person named Vivek Kumar over a dispute concerning illegal electricity use and allegedly stole a gold chain. They claimed the allegations were false, stemmed from village rivalry, and that any injuries caused were simple and in self‑defence. The State opposed the bail, arguing the seriousness of the offences. The Court observed that the allegations were general and omnibus, the petitioners had a clean antecedent, and prima facie there was no strong case to deny bail. Consequently, the Court directed that the petitioners be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory/pre‑arrest bail should be granted to the petitioners under Section 482(2) of the Criminal Procedure Code.
- Whether the general and omnibus nature of the allegations and the petitioners' clean antecedent justify the grant of bail.
- Whether the alleged self‑defence and simple nature of injuries negate the seriousness of the offences charged.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- pre‑arrest bail
- self‑defence
- clean antecedent
- general allegations
- Section 482
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70696 of 2025
Arising Out of PS. Case No.-73 Year-2025 Thana- AKHODHIGOLA District- Rohtas
======================================================
1. Dheeraj Paswan @ Dheeraj Kumar son of Ramsankar Paswan Resident Of
Village- Ishara Ps- Akodhi Gola District- Rohtas
2. Abhishek Paswan @ Abhishek Kumar Son of jagropan Paswan Resident Of
Village- Ishara Ps- Akodhi Gola District- Rohtas
3. Vikesh Paswan @ Vivek Kumar Son of Jagropan Paswan Resident Of
Village- Ishara Ps- Akodhi Gola District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bindeshwar Prasad Singh, Advocate
For the Opposite Party/s : Mr.Ajay Kumar No.2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 24-02-2026 Heard Mr. Bindeshwar Prasad Singh, learned
counsel appearing on behalf of the petitioners and Mr. Ajay
Kumar No.2, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Akodhi Gola P.S. Case No. 73/2025 registered for the
offence(s) punishable under Sections
189(2),126(2),115(2),303(2),352,351(3),109(1) of the BNS.
3. As per the allegation made in the FIR, the
petitioners assaulted the husband of the informant and one
Vivek Kumar with lathi, danda and iron rods over a dispute
regarding illegal electricity use for irrigation, causing injuries to
Patna High Court CR. MISC. No.70696 of 2025(3) dt.24-02-2026
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the victims and the petitioners allegedly also snatched a gold
chain worth Rs. 80,000/-.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and they have
falsely been implicated in the present case due to previous
enmity and village rivalry. The petitioners in their self-defence
may have caused some injuries to the husband of the informant,
as well as, one Vivek Kumar, which are simple in nature. A
general and omnibus allegation has been levelled against the
petitioners. One co-accused has already been enlarged on per-
arrest bail by this Court vide order dated 10.12.2025 passed in
Cr. Misc. No.80528 of 2025. The petitioners have clean
antecedent. On these grounds, the petitioners seek to be released
on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of anticipatory bail.
6. Having considered the rival submissions made on
behalf of the parties, as well as, upon perusal of the materials
available on record, it appears that the petitioners, in their self-
defence, may have caused some injuries to the husband of the
informant, as well as, said Vivek Kumar, which are stated to be
simple in nature. The allegations levelled against the petitioners
Patna High Court CR. MISC. No.70696 of 2025(3) dt.24-02-2026
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are general and omnibus in nature. I am of the opinion that the
petitioners, having clean antecedent, have, prima facie, made
out a case to be released on anticipatory bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned District Court where the case
is pending / Concerned Court in connection with Akodhi Gola
P.S. Case No. 73/2025, subject to the conditions as laid down
under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners and if it is found
that the petitioners are involved in some other cases, as what
has been stated in paragraph no.3 of the bail application,
this order will automatically lose its force.
(Purnendu Singh, J)
Ashishsingh/-
U T
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