Patna High Court
Dipu Paswan @ Dipu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
Petitioner Dipu Paswan applied for anticipatory bail after an FIR alleged he assaulted Umesh Paswan with a lathi, invoking IPC sections 341, 323, 307, 379, 504, 506/34. The petitioner claimed innocence, asserted that the injury was simple, and highlighted his clean antecedent. The State opposed the bail application. The Patna High Court, considering the nature of the accusations, the minor injury, and the petitioner’s clean record, granted anticipatory bail. The order directed that if arrested within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the alleged offences and the petitioner’s antecedents.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504, 506
Subjects
- anticipatory bail
- bail bond
- surety
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Indian Penal Code
- assault
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73791 of 2025
Arising Out of PS. Case No.-307 Year-2023 Thana- KONCH District- Gaya
======================================================
Dipu Paswan @ Dipu Kumar S/o- Birendra Paswan R/v- Palaki Sultani Ps-
Konch Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 341, 323, 307, 379, 504,
506/34 of the Indian Penal Code.
3. As per F.I.R., this petitioner assaulted on the head
of Umesh Paswan by means of lathi.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Injury,
allegedly, caused by the petitioner is simple in nature. Case and
counter case. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation, injury and clean antecedent, this anticipatory bail is
Patna High Court CR. MISC. No.73791 of 2025(2) dt.05-02-2026
2/2
allowed and it is ordered that let the above named petitioner in
the event of his 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 Judicial
Magistrate, 1st Class, Gaya in connection with Konch P. S. Case
No. 307 of 2023, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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