Created by Fuzzy Cloud

Patna High Court

Pawan Rajwanshi @ Pawan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner under Section 482 BNSS, 2023, subject to a bail bond and verification of his criminal antecedent.

Summary

Petitioner Pawan Rajwanshi applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case alleging the abduction and attempted murder of a girl after alleged outrage of modesty. The prosecution contended that the victim was recovered, is married to the petitioner, and is pregnant, attaching a medical report. The petitioner’s counsel argued his innocence, a clean criminal record, and that the victim’s statements under Sections 180 and 183 BNSS showed no adverse allegation against him. The court examined the submissions and the case‑diary, and held that anticipatory bail should be granted subject to a bond of Rs 30,000 and conditions including verification of the petitioner’s antecedent. The order also directed that bail may be cancelled if the petitioner is found to have concealed any criminal history.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482 BNSS, 2023 in the present circumstances.
  • Whether the allegations of abduction, attempted murder, and alleged marriage and pregnancy justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • BNSS 2023
  • criminal procedure
  • abduction
  • marriage
  • pregnancy
  • verification of antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7561 of 2026
                       Arising Out of PS. Case No.-607 Year-2024 Thana- WAJIRGANJ District- Gaya
                 ======================================================
                 Pawan Rajwanshi @ Pawan Kumar S/o Bali Ram Rajwanshi Resident of vill-
                 Regna, P.S- Wazirganj, Dist.- Gayaji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar Yadav, Advocate
                 For the Opposite Party/s :       Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

4   01-04-2026                    Heard Learned Counsel for the petitioner and

                   Learned APP for the State.

                                2. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for

                   grant of anticipatory bail to the petitioner who apprehends arrest

                   in connection with Wazirganj P.S. Case No. 607 of 2024, lodged

                   on 24.08.2024, under Sections 96 of the Bhartiya Nyay Sanhita,

                   2023.

                                3. As per the prosecution, the daughter of the

                   informant was abducted with a view to kill after outraging the

                   modesty.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.7561 of 2026(4) dt.01-04-2026
                                            2/3




          submits that the criminal antecedent of the petitioner is clean.

          He also submits that after sometime the victim girl had been

          recovered. He submits that case-diary has been received and in

          the case-diary the statement of the victim under Section 180 as

          well as 183 of the BNSS have been attached. Counsel submits

          that after recovery, medical examination of the victim took place

          and the doctor had found the age of the victim in between 18 to

          19 years. Counsel submits that from the statement under

          Sections 180 and 183 of the BNSS, it transpires that the

          petitioner was unnecessary made accused in this case.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that case-diary has been called

          for, but he fairly submits that in the case-diary she had not

          alleged anything adverse against the petitioner. He submits that

          the admission of marriage is there and by the marriage the

          alleged victim is also pregnant. The medical report is annexed as

          Annexure-P/2.

                       6. In the present facts and circumstances of this case,

          let the above named petitioner be released on anticipatory bail,

          in the event of arrest or surrender before the learned Court

          below within a period of 4 weeks from today, on furnishing bail

          bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in
          Patna High Court CR. MISC. No.7561 of 2026(4) dt.01-04-2026
                                                      3/3




                    Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Mr.

                    Ajay Kumar Lal, Judicial Magistrate, 1st Class, Gaya, in

                    connection with Wazirganj P.S. Case No. 607 of 2024, subject to

                    the conditions as laid down U/s 482(2) of the BNSS, 2023.

                                 7. And further condition that the Trial Court shall

                    verify the criminal antecedent of the petitioner and in case at

                    any stage it is found that the petitioner has concealed his

                    criminal antecedent, the Trial Court shall take step for

                    cancellation of bail bond of the petitioner.                However, the

                    acceptance of bail bonds in terms of the above mentioned order

                    shall not be delayed for purpose of or in the name of

                    verification.



                                                                        (Dr. Anshuman, J)
    Mkr./-

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.