Patna High Court
Shailesh Paswan @ Shalesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners subject to bond and surety conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Shailesh Paswan, Lakshman Paswan and Rita Devi, filed an anticipatory bail application before the Patna High Court fearing arrest in a FIR that alleged offences under several sections of the Bharatiya Nyaya Sanhita, including assault and murder. They contended that the FIR does not specifically charge them with the assault that led to the death of Chandradeep, asserting that the allegations are directed at other accused persons. The State, represented by an A.P.P., opposed the bail, while the informant’s counsel could not refute the petitioners’ claim of lack of specific allegations against them. The court examined whether the petitioners were likely to abscond, tamper with evidence, or otherwise jeopardise the investigation. Relying on Section 482(2) of the BNSS, the court held that anticipatory bail could be granted provided the petitioners furnish bail bonds and sureties. Consequently, the petitioners were released on anticipatory bail subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR alleging serious offences.
- Whether the petitioners are likely to abscond, tamper with evidence, or otherwise interfere with the investigation.
- Whether the FIR specifically implicates the petitioners in the assault leading to Chandradeep's death.
- Applicability of Section 482(2) of the Bharatiya Nyaya Sanhita in granting anticipatory bail.
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
- FIR
- assault
- murder
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72502 of 2025
Arising Out of PS. Case No.-77 Year-2025 Thana- HASPURA District- Aurangabad
======================================================
1. Shailesh Paswan @ Shalesh Paswan S/o Sri Lakshman Paswan R/o vill -
Chanhat, P.s.- Haspura, Distt.- Aurangabad
2. Lakshman Paswan S/o Late Mahavir Paswan R/o vill - Chanhat, P.s.-
Haspura, Distt.- Aurangabad
3. Rita Devi W/o Sri Lakshman 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 : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 11-02-2026 1. Heard learned counsel for the petitioners, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the informant.
2. The petitioners apprehend their 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 petitioners submits
that petitioner nos. 1 and 2 have antecedent of one case and
petitioner no. 3 is a person with clean antecedent and is a
woman and the informant alleges that she had gone to attend
Patna High Court CR. MISC. No.72502 of 2025(2) dt.11-02-2026
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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 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 petitioners submits
that petitioners have 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
petitioners 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 petitioners
rather allegation of assaulting Chandradeep is against Ranjan
and Vikash, who died subsequently. It is further submitted that
petitioners will not abscond rather will cooperate in the
investigation to prove their innocence.
5. Learned A.P.P. for the State as well as learned
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counsel appearing on behalf of the informant opposes the
anticipatory bail application of the petitioners, but then the
learned counsel appearing on behalf of the informant is not in a
position to rebut the submission of the learned counsel
appearing on behalf of the petitioners that no specific allegation
of assault is alleged against the petitioners 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 petitioners, the petitioners above-named, in the
event of their 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) each 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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