Patna High Court
Lavkush PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
Lavkush Paswan applied for anticipatory bail after being named in an FIR alleging multiple offences under the Bharatiya Nyaya Sanhita, including assault and murder. He contended that the FIR does not specifically charge him with any assault and that he has a clean record, asserting that the informant falsely implicated him. The State opposed the bail, but the court noted the lack of specific allegations against the petitioner and his willingness to cooperate with the investigation. Relying on Section 482(2) of the BNSS, the court granted anticipatory bail subject to a cash bond and sureties. The order also imposed standard conditions to ensure the petitioner’s appearance and non‑interference with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita.
- Whether the FIR contains a specific charge against the petitioner justifying denial of bail.
- Whether the petitioner is likely to abscond or tamper with evidence.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 109(1), 115(2), 117(2), 126(2), 190, 191(2), 191(3), 303(2), 482(2), 76
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nyaya Sanhita
- false implication
- FIR
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72299 of 2025
Arising Out of PS. Case No.-77 Year-2025 Thana- HASPURA District- Aurangabad
======================================================
Lavkush Paswan S/o Sri Shivbachan Paswan R/o vill - Chanhat, P.S.-
Haspura, Distt.- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 11-02-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 117(2), 109(1), 103(1), 76 and
303(2) of the Bharatiya Nyaya Sanhita.
3. The learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that she had gone to attend nature's call, when Randhir
and Ranjan came and started acting inappropriately with her, on
alarm, father-in-law and cousin father-in-law of the informant
came, when accused persons fled, further her father-in-law,
Ramshakal, went to the house of the accused along with some
Patna High Court CR. MISC. No.72299 of 2025(2) dt.11-02-2026
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people when Randhir assaulted him by sword causing injury on
head, further Ranjan assaulted Chandradeep with lathi, danda
and sword causing injury, thereafter the accused Vikash also
assaulted Chandradeep and Suresh by lathi, danda and sword,
further police was informed and the injured were taken to
hospital but Chandradeep died.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that the FIR was instituted
against 33 named accused persons including the petitioner along
with unknown. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that no
specific allegation is alleged against the petitioner rather
allegation of assaulting Chandradeep is against Ranjan and
Vikash, who died subsequently. It is further submitted that
petitioner will not abscond rather will cooperate in the
investigation to prove his innocence.
5. Learned A.P.P. for the State as well as learned
counsel appearing on behalf of the informant opposes the
anticipatory bail application of the petitioner, but then the
learned counsel appearing on behalf of the informant is not in a
position to rebut the submission of the learned counsel
Patna High Court CR. MISC. No.72299 of 2025(2) dt.11-02-2026
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appearing on behalf of the petitioner that no specific allegation
of assault is alleged against the petitioner and that specific
allegation of assaulting Chandradeep leading to his death is
against Ranjan and Vikash.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Haspura P.S. Case No. 77 of 2025, subject to the conditions
as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Rishabh/-
U T
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