Patna High Court
Umesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted to the petitioners subject to specified monetary and procedural conditions.
Summary
The petitioners, Umesh Paswan, Jitendra Paswan and Sita Paswan, sought anticipatory bail fearing arrest in a case (Kochas PS Case No. 356 of 2024) alleging assault and other offences under sections of the Bihar Narcotic Substances Act, 2023 and the Arms Act. The FIR alleged that the petitioners attempted to remove crops, leading to a violent confrontation with the informant’s family, causing simple injuries. The petitioners argued that there is a case and counter‑case, they have no prior criminal record, and the injuries are minor; they also offered to pay Rs 2,000 each as medical assistance to the informant. The State opposed the bail but conceded the injuries were simple. The Court, considering the lack of antecedent, the nature of injuries and the existence of a counter‑case, granted anticipatory bail subject to payment of the medical assistance, a cash bail of Rs 10,000 each with two sureties, and several compliance conditions under Section 438(2) of the Cr.P.C. The order directs that the bail be surrendered within four weeks of arrest and imposes strict conditions to prevent tampering with evidence or further offences.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the alleged offences and the nature of injuries.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 115(2), 126(2), 190, 191(2), 191(3), 352, 75
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Bihar Narcotic Substances Act
- Arms Act
- simple injuries
- case and counter case
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.721 of 2026
Arising Out of PS. Case No.-356 Year-2024 Thana- KOCHAS District- Rohtas
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1. Umesh Paswan son of Jawahar Paswan Resident of Village - Mainpura, ps-
Kochas, Dist- Rohtas
2. Jitendra Paswan Son of Jawahar Paswan Resident of Village - Mainpura, ps-
Kochas, Dist- Rohtas
3. Sita Paswan son of late Suhag Paswan Resident of Village - Andaur, ps-
Kochas, Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rang Nath Pandey, Adv.
Mr. Vivekanand Vivek, Adv.
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-02-2026 Heard Mr. Vivekanand Vivek, learned Counsel for
the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Kochas P.S. Case No. 356 of 2024 for the offence
registered under sections 191(2), 191(3), 190, 126(2), 115(2),
109(1), 352, 75 of BNS, 2023 and 27 of Arms Act.
3. As per the prosecution story, the allegation in the
FIR is that in the land of the informant, the petitioner tried to
remove the crops, upon objection, allegation is that all the
accused persons caught hold of the informant and the family
members and assaulted brutally causing injuries on the bodies.
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This led to the FIR.
4. Learned Counsel for the petitioners submit that
there is case and counter case, both are agnates, the petitioners
have no criminal antecedent, the injuries have been found to be
simple in nature. Further, the submission is that without
accepting the allegation and/or the outcome of the present
petition in view of the fact that the informant side has alleged
injuries, the petitioners on its own would like to contribute
towards the medical assistance of Rs. 2,000/- each (totaling Rs.
6,000/-) through Demand Draft issued by the local branch of the
State Bank of India/any Nationalized Bank to be submitted
before the ‘NAZARAT’ of concerned Court to be handed over
to the informant after checking the credentials.
5. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail though concede that the
injuries have been found to be simple in nature.
6. Considering the submissions of the parties as also
that there is case and counter case, petitioners do not have
criminal antecedent and the injuries have been found to be
simple in nature, in that background, this Court is inclined to
grant them the anticipatory bail with conditions subject to
payment of Rs. 2,000/- each (totaling Rs. 6,000/-) as undertaken
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by the learned counsel for the petitioners to be paid by Demand
Draft of local branch of the State Bank of India/any
Nationalized Bank to be submitted to the Trial Court.
7. Let the petitioners in the event of arrest or
surrender within a period of four weeks from the date of receipt
of the order, shall be released on anticipatory bail on furnishing
bail of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Sub-Judge-
VIII-cum-CJM/In-charge, Sasaram at Rohtas in connection with
Kochas P.S. Case No. 356 of 2024 subject to condition as laid
down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioners, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioners shall appear before the concerned
police station every month for next six months to mark
attendance and at the end of the period, the certificate be
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submitted to the Court;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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