Patna High Court

Upendra PaswanversusThe State of Bihar

Decided: 5 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that anticipatory bail is warranted and granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petition filed by Upendra Paswan sought anticipatory bail in a criminal case (PS case No.59/2024) where he was accused of offences under various IPC sections for allegedly assaulting an informant and stealing a gold ring. The petitioner contended that he was falsely implicated, asserting that the informant lodged the complaint to protect herself from a separate case filed by a co‑accused, and highlighted his clean antecedents and that a similarly situated co‑accused had already been granted bail. The State opposed the bail application. The Court examined the allegations, the possibility of misuse of the criminal process, and the scope of Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers the High Court to grant anticipatory bail. Finding merit in the petitioner's claim of false implication and noting the bail already granted to a co‑accused, the Court allowed anticipatory bail with a bond of Rs 10,000 and two sureties, subject to conditions. The order directed that if arrested within eight weeks, the petitioner be released on bail.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Whether the petitioner's claim of false implication and clean antecedent warrants the grant of anticipatory bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Indian Penal Code — s. 147, 149, 307, 323, 325, 354, 379, 448, 504, 506

Subjects

anticipatory bail
false implication
Indian Penal Code
Bharatiya Nagarik Suraksha Sanhita
Section 482
criminal procedure
high court
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72653 of 2024
                        Arising Out of PS. Case No.-59 Year-2024 Thana- CHAKAND District- Gaya
                 ======================================================
                 Upendra Paswan Son of Kameshwar Paswan @ Kameshwar Pawan Resident
                 of Village - Kamalpur, P.S. - Chakand, District - Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Kumar
                 For the Opposite Party/s :       Mr.Surendra Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   05-02-2026                   Heard learned counsel for the parties.
                                2. Petitioner apprehends arrest in a case registered for
                   the offences punishable under Sections 147, 149, 448, 323, 325,
                   307, 379, 354, 504, 506 of the Indian Penal Code.
                                3. As per prosecution case, on 14.03.2024 at about
                   8:30 AM, all the F.I.R. named accused persons including these
                   petitioners, armed with lathi, danda, rod, entered the house of
                   informant and attacked him and his family members and also
                   snatched gold ring from informant.
                                4. It is submitted on behalf of the petitioner that this
                   petitioner is innocent and has falsely been implicated in this
                   case. Informant has lodged this case only to save her skin from
                   Chakand P. S. Case No. 60 of 2024 which was lodged by
                   coaccused Upendra Paswan against the husband of informant.
                   Allegation of assault is general and omnibus. Similarly situated
                   co-accused has already been allowed bail by of this Court vide
                   order passed in Cr.Mis.No. 69344/2024. Petitioner claims clean
                   antecedent.
             Patna High Court CR. MISC. No.72653 of 2024(4) dt.05-02-2026
                                                         2/2




                                    5. Learned A.P.P. for the State opposed the bail
                       application.
                                    6. Considering the aforesaid facts and circumstances
                       of the case, this anticipatory bail is allowed and it is ordered that
                       let the above named petitioner in the event of arrest/surrender
                       before the court below within a period of eight weeks from
                       today, be enlarged on bail on furnishing bail-bond of Rs.
                       10,000/- (ten thousand) with two sureties of the like amount
                       each to the satisfaction of Additional Chief Judicial Magistrate-
                       X, Gaya in connection with Chakand P. S. Case No. 59 of 2024,
                       subject to condition as laid down under Section 482 of the
                       Bharatiya Nagarik Suraksha Sanhita, 2023.



                                             (Prabhat Kumar Singh, J)
Shashi

U        T

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