Patna High Court
Tetar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, nine Paswan individuals, filed an anticipatory bail application fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita relating to assault, murder and other offences. They asserted that they were falsely implicated and that the FIR did not specifically allege any assault by them, the alleged assault on Chandradeep being attributed to other accused. The State and the informant opposed the bail but could not rebut the claim of lack of specific allegation against the petitioners. The court, noting the petitioners' largely clean antecedents and their willingness to cooperate with the investigation, ordered that if arrested within six weeks they be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 and two sureties each, subject to conditions under Section 482(2) of the BNSS. The order thus granted anticipatory bail with stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita.
- Whether the petitioners are specifically implicated in the offences alleged in the FIR.
- Whether the petitioners are likely to abscond, tamper with evidence or otherwise interfere with the investigation.
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
- Bharatiya Nyaya Sanhita
- Section 482
- false implication
- assault
- murder
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72719 of 2025
Arising Out of PS. Case No.-77 Year-2025 Thana- HASPURA District- Aurangabad
======================================================
1. Tetar Paswan Son of Late Mahadev Paswan Resident of village - Chanhat,
P.S. Haspura, District - Aurangabad
2. Uday Ram @ Uday Paswan Son of Late Mahadeo Paswan Resident of
village - Chanhat, P.S. Haspura, District - Aurangabad
3. Jitan Paswan Son of Late Lakhan Paswan Resident of village - Chanhat, P.S.
Haspura, District - Aurangabad
4. Suraj Paswan Son of Late Kariman Paswan Resident of village - Chanhat,
P.S. Haspura, District - Aurangabad
5. Sajan Kumar @ Sajan Paswan @ Rajan Paswan Son of Sri Ramjeet Paswan
Resident of village - Chanhat, P.S. Haspura, District - Aurangabad
6. Subas Paswan Son of Sri Ramjeet Paswan Resident of village - Chanhat,
P.S. Haspura, District - Aurangabad
7. Ramjeet Paswan son of Late Mahavir Paswan Resident of village - Chanhat,
P.S. Haspura, District - Aurangabad
8. Anil Kumar @ Anil Paswan Son of Sri Uday Paswan @ Uday Ram Resident
of village - Chanhat, P.S. Haspura, District - Aurangabad
9. Manish Paswan Son of Sri Uday Paswan @ Uday Ram Resident of village -
Chanhat, P.S. Haspura, District - 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. Manoj Kumar, 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 learned counsel for the petitioners, at the
outset, seeks permission to withdraw the anticipatory bail
Patna High Court CR. MISC. No.72719 of 2025(2) dt.11-02-2026
2/4
application with respect to petitioner no. 4 (Suraj Paswan) who
was arrested during pendency of the instant anticipatory bail
application.
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 no. 3 has antecedent of one case and petitioner
nos. 1, 2, 5, 6, 7, 8 and 9 are persons 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 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
Patna High Court CR. MISC. No.72719 of 2025(2) dt.11-02-2026
3/4
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
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
Patna High Court CR. MISC. No.72719 of 2025(2) dt.11-02-2026
4/4
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
Checking your session…