Created by Fuzzy Cloud

Patna High Court

Ramashray PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            3/4




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.