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Patna High Court

Lavkush PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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