Patna High Court
Shashibhushan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioners, subject to conditions, under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioners, three brothers from Nalanda district, were implicated in a criminal case (Sare P.S. Case No. 67 of 2025) for alleged assault on an informant, theft of cash and a gold chain, and possession of a rifle, with charges under multiple sections of the B.N.S. 2023 and the Arms Act. They claimed innocence, asserting that the incident stemmed from a property dispute and that both sides had filed counter‑cases. The petitioners had not previously applied for anticipatory or regular bail, and while one petitioner had no prior record, the other two had been accused in other cases. The State opposed the bail application, arguing the seriousness of the offences. The High Court, considering the mutual injuries and the existence of a counter‑case, allowed the bail petition, directing that the petitioners be released on bail upon furnishing bonds of Rs 10,000 each with two sureties, subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether the petitioners are entitled to bail under Section 482(2) of the B.N.S.S., 2023 despite the pending charges.
- Whether the existence of a counter‑case and alleged property dispute affect the grant of bail.
- Whether prior criminal antecedents of the petitioners should preclude bail.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 115, 117, 127, 190, 191, 303, 329, 351, 352
- B.N.S.S., 2023 — s. 482
Subjects
- bail
- criminal procedure
- Section 482
- property dispute
- assault
- arms possession
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76578 of 2025
Arising Out of PS. Case No.-67 Year-2025 Thana- SARE District- Nalanda
======================================================
1. Shashibhushan Paswan, S/o Late Sidheshwar Paswan R/o Village - Amar
Singh Bigha, P.S - Sare (Nature Safari O.P), District - Nalanda
2. Randhir Paswan, S/o Sidheshwar Paswan R/o Village - Amar Singh Bigha,
P.S - Sare (Nature Safari O.P), District - Nalanda
3. Aman Paswan @ Aman Kumar, S/o Rajesh Paswan R/o Village - Amar
Singh Bigha, P.S - Sare (Nature Safari O.P), District - Nalanda
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Raj Kishor Prasad, Advocate
For the State : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The present petition has been filed on behalf of the
petitioners, apprehending their arrest, in connection with Sare
P.S. Case No. 67 of 2025, G.R. No. 2640 of 2025, Dated-
14.05.2025, registered for the offences punishable under
Sections 191(2), 190, 127(1), 115(2), 117(2), 329(3), 303(2),
352, 351(2) of the B.N.S. 2023 and Section 27 of the Arms Act
and later on Section 109(1) of the B.N.S., 2023 has been added.
3. As per allegation, the Petitioner and other co-
accused came to the house of the Informant and started abusing
Patna High Court CR. MISC. No.76578 of 2025(3) dt.23-02-2026
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and on protest, the Informant and his son was even assaulted by
butt of the rifle and an amount of Rs.10,000/- and a golden
chain was also taken away.
4. Learned counsel for the petitioners submit that the
Petitioners are innocent and have falsely been implicated in this
case. He further submits that the Informant and the Petitioners’
sides are agnates and the altercation took place on account of
some property dispute, in which both the sides got injury and
case and counter case has been lodged by both the sides. The
counter case filed by the Petitioners’ side is Sare P.S. Case No.
68 of 2025.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioner no.2 has no criminal antecedents,
whereas, the Petitioner Nos. 1 and 3 have been made accused in
one and two other cases respectively.
7. Learned APP for the State vehemently opposes the
prayer of the Petitioner for bail.
8. Considering the case and counter case and injury on
both the sides, this petition is allowed, directing the petitioners
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above-named, to be enlarged on bail, in the event of their arrest
or surrender before the court below within a period of eight
weeks from the date of receipt / production of a copy of this
order, on their furnishing bail bonds in the sum of Rs. 10,000 /-
(Ten Thousand) each with two sureties of the like amount each
to the satisfaction of learned concerned Court below, in
connection with Sare P.S. Case No. 67 of 2025, G.R. No. 2640
of 2025, subject to the conditions as laid down under Section
482 (2) B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedents,
learned court below shall cancel the bail bonds of the petitioners
after hearing them and getting satisfied that the petitioners have
concealed their criminal antecedents despite their knowledge of
the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J.)
Chandan/-
U T
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