Patna High Court
Ramashray PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, Vishal Kumar and his father Ramashray Paswan, sought anticipatory bail fearing arrest in a case registered under Sections 366(A) and 34 of the IPC concerning the alleged enticement of a 14‑year‑old girl. They contended that the FIR was false, they have clean antecedents, and the victim’s statement recorded under Section 183 of the Bihar Non‑Statutory Special (BNSS) Act, 2023 did not support the prosecution. The State opposed the bail. The court, noting the victim’s non‑supportive statement and the petitioners’ clean record, granted anticipatory bail subject to a Rs 10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS Act, 2023, including cooperation with the trial and non‑tampering with evidence. The order also directed verification of any concealed criminal antecedent by the lower court. The bail bond may be cancelled if conditions are breached.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC.
- Whether the victim’s statement under Section 183 BNSS, 2023 negates the prosecution’s case.
- Whether the allegations under IPC Sections 366(A) and 34 warrant denial of bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 34, 366(A)
Subjects
- anticipatory bail
- IPC 366A
- IPC 34
- victim statement
- Section 438 CrPC
- Section 482 BNSS
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26135 of 2025
Arising Out of PS. Case No.-146 Year-2024 Thana- ASHTHAWAN District- Nalanda
======================================================
Vishal Kumar @ Vikki Kumar @ Vishal Anand S/o Ramashraya Paswan R/o
Village- Nepura, P.S.- Asthawan, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 72412 of 2024
Arising Out of PS. Case No.-146 Year-2024 Thana- ASHTHAWAN District- Nalanda
======================================================
Ramashray Paswan S/o Late Kesho Paswan R/o Village- Nepura, P.S.-
Asthawan, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 26135 of 2025)
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
: Ms.Vaishnavi Singh, Advocate
For the Opposite Party/s : Ms.Indu Kumari Srivastava, APP
(In CRIMINAL MISCELLANEOUS No. 72412 of 2024)
For the Petitioner/s : Mr. Ajay Kumar Thakur, , Advocate
Ms.Vaishnavi Singh, Advocate
For the Opposite Party/s : Ms.Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
10 25-02-2026 Heard Mr. Ajay Kumar Thakur, learned counsel for
the petitioners, Ms.Indu Kumari Srivastava, learned Additional
Public Prosecutor for the State (In CRIMINAL
MISCELLANEOUS No. 26135 of 2025) and Ms.Asha Devi,
learned Additional Public Prosecutor for the State (In
Patna High Court CR. MISC. No.26135 of 2025(10) dt.25-02-2026
2/4
CRIMINAL MISCELLANEOUS No. 72412 of 2024).
2. The petitioners are apprehending their arrest in
connection with Asthawan P.S. Case No.146 of 2024, dated
27.06.2024 registered for the offences punishable under
Sections 366(A)/34 of IPC.
3. The allegation in the FIR is that the informant’s
daughter aged about 14 years has been enticed away by a co-
villager Vikky Kumar @ Vishal Kumar, son of the present
petitioner.
4. Learned counsel appearing for the petitioners
submits that the petitioners have clean antecedent. The
allegation as alleged in the FIR is false and fabricated and the
petitioners have not committed any offence as alleged in the
FIR. The victim was recovered and her statement was recorded
under Section 183 BNSS, 2023 in which she has not supported
the case of the prosecution and she has stated that she has gone
with petitioner, namely, Vishal Kuma @ Vikky Kumar @ Vishal
Anand with her own sweetwill and she has not stated anything
about the petitioners.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, petitioners have
Patna High Court CR. MISC. No.26135 of 2025(10) dt.25-02-2026
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clean antecedent and the victim has not supported the case of
the prosecution in her statement under Section 183 of BNSS,
2023, let the petitioners, above named, in the event of their
arrest or surrender before the court below within a period of
thirty days from the date of receipt of the order, be released 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
learned Chief Judicial Magistrate, Nalanda at Biharsharif in
connection with Asthawan P.S. Case No.146 of 2024, subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure/Section 482(2) of BNSS, 2023 and with
other following conditions:-
(I) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
Patna High Court CR. MISC. No.26135 of 2025(10) dt.25-02-2026
4/4
any stage, it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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