Created by Fuzzy Cloud

Patna High Court

Tetar PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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.