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Patna High Court

Lal Krishna Paswan @ Lalkrishna Kumar @ Lalkrishn Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied.

Summary

Lal Krishna Paswan applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case alleging assault causing a head injury under Sections 191(2), 126(2), 115(2), 303(2) and 109 of the Bhartiya Nyay Sanhita, 2023. The petitioner claimed innocence, arguing that the medical report showed a lacerated wound inconsistent with the FIR description and that he should be granted bail. The State opposed, highlighting three pending criminal cases against the petitioner and asserting that the injury was grievous and on a vital part of the body. The informant also opposed, citing a subdural hematoma, fracture of the right frontal bone and other serious injuries, and noting the Sessions Court had previously classified the injury as grievous. Considering the seriousness of the alleged offence and the petitioner’s criminal antecedent, the court refused the anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted under Section 482 BNSS, 2023 in view of the seriousness of the alleged assault and injury.
  • Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail.
  • Whether a discrepancy between the FIR description and the medical report affects the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • BNSS 2023
  • Bhartiya Nyay Sanhita
  • assault
  • grievous injury
  • criminal antecedent
  • medical report discrepancy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7584 of 2026
                    Arising Out of PS. Case No.-460 Year-2025 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
                 Lal Krishna Paswan @ Lalkrishna Kumar @ Lalkrishn Kumar Paswan Son of
                 Harendra Paswan Resident of village - Darahipatti, P.S.- Minapur, District -
                 Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Bela Singh, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   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 Minapur P.S. Case No. 460 of 2025, lodged

                   on 01.11.2025, under Sections 191(2)/126(2)/115(2)/303(2)/109

                   of the Bhartiya Nyay Sanhita, 2023, pending in the Court of

                   Judicial Magistrate, 1st Class, East, Muzaffarpur.

                                3. As per the prosecution, FIR has been lodged against

                   12 named accused persons including the present petitioner

                   against whom there is an allegation that he has assaulted by
Patna High Court CR. MISC. No.7584 of 2026(3) dt.01-04-2026
                                            2/3




          Bhala on the right side of the head, due to which injury has been

          caused. Subsequent allegation against other accused persons

          that they have assaulted repeatedly thereafter.

                       4. Learned Counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that case-diary was called for with a view to peruse the

          injury. Counsel submits that from the injury report, it becomes

          crystal clear that the wound is lacerated and from Bhala

          lacerated wound could not be made. Counsel submits that in

          this view of the matter the petitioner deserves anticipatory bail

          as the allegation made in the FIR does not match with the police

          report.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that antecedent of the

          petitioner is nor clean. There are three criminal cases pending

          against the petitioner, in which he is on bail. He submits that

          neither the antecedent of the petitioner is clean nor the injury is

          simple; rather it is on the vital part of the body.

                       6. Learned Counsel for the informant, on the other

          hand, vehemently opposes the prayer for bail and submits that it

          is specifically alleged against the petitioner that he assaulted on

          the left side of the head of the victim. He submits that from the
          Patna High Court CR. MISC. No.7584 of 2026(3) dt.01-04-2026
                                                      3/3




                    report it becomes crystal clear that there was subdural

                    hematoma with air foci fracture of right frontal bone, wall of

                    right frontal sinus, and roof of right orbit. He submits that the

                    injury was grievous in nature.              He further submits that the

                    Sessions Court at the time of rejection of the bail have

                    categorically quoted the said injury and found that the injury is

                    grievous and on the vital part.

                                 7. Considering the nature of allegations and criminal

                    antecedent against the petitioner, the prayer for anticipatory bail

                    of petitioner is hereby refused.



                                                                        (Dr. Anshuman, J)
    Mkr./-

U     T


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