Patna High Court
Pawan Rajwanshi @ Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 180, 183, 2(1)(d), 482
- Bhartiya Nyay Sanhita, 2023 — s. 96
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
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