Patna High Court
Rampukar Paswan @ Ram Pukar Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the conditions specified under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, Rampukar Paswan and Suraj Paswan, applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for alleged assault with sharp‑edged weapons and theft of Rs 5,000. The FIR alleges they, along with others, attacked the informant and others, causing simple injuries. The petitioners contended that the allegations are vague, no specific overt act is ascribed to them, and that similarly situated co‑accused have already been granted anticipatory bail. The informant opposed the bail. The Court, considering the nature of the accusations and the minor injuries, allowed anticipatory bail subject to surrender within eight weeks, a bail‑bond of Rs 10,000 with two sureties, and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious charges under the BNSS.
- Whether the allegations in the FIR are specific enough to deny bail.
- Whether the conditions imposed under Section 482(2) are appropriate.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115, 118, 125, 126, 190, 191, 303, 329, 351, 352
Subjects
- anticipatory bail
- assault
- sharp‑edged weapons
- theft
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71886 of 2025
Arising Out of PS. Case No.-708 Year-2024 Thana- JAMUI District- Jamui
======================================================
1. Rampukar Paswan @ Ram Pukar Kumar Paswan S/o Birju Paswan Resident
of Village- Sihochah, P.S.- Jamui , District- Jamui
2. Suraj Paswan @ Suraj Kumar Paswan S/O Birju Paswan Resident of
Village- Sihochak, P.S.- Jamui , District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dipak Kumar, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, A.P.P.
For the Informant : Mr. Shreyanshu Kumar, Advocate
Mr. Shyam Kishore, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 12-03-2026 Heard learned counsel for the petitioners, informant
and the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 191(2), 191(3), 190,
126(2), 115(2), 118, 329(4), 109, 303(2), 125(A), 125(B), 352,
351(1), 351(2) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., all the named accused persons,
including these petitioners, assaulted informant and others by
means of sharp-edged weapons. It is further alleged that the
accused persons also snatched Rs. 5,000/-.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. Due to
petty dispute, altercation took place between the parties in
Patna High Court CR. MISC. No.71886 of 2025(4) dt.12-03-2026
2/2
which both sides sustained injuries. Allegation of assault is
general and omnibus and there is no allegation of specific overt
act against these petitioners. Injuries sustained by the injured are
simple in nature. Similarly situated co-accused persons have
already been granted anticipatory bail by co-ordinate Bench of
this Court vide order dated 11.08.2025 passed in Cr. Misc. No.
50059 of 2025. Rest of the allegations are ornamental only to
make the case grave.
5. Learned counsel for the informant vehemently
opposed the bail application.
6. Considering the nature of accusation and injuries,
this anticipatory bail is allowed and it is ordered that let the
above named petitioners in the event of their arrest/surrender
before the court below within a period of eight weeks from
today, be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate,
Jamui in connection with Jamui P. S. Case No. 708 of 2024,
subject to condition as laid down under Section 482(2) BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.