Patna High Court
Lal Krishna Paswan @ Lalkrishna Kumar @ Lalkrishn Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 126(2), 191(2), 303(2)
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
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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
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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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