Patna High Court
Amarjeet PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
Amarjeet Paswan was arrested in connection with a case alleging assault with a knife, charged under several sections of the Indian Penal Code. He claimed the allegations were false, stemming from a personal grudge, and argued that the injury was minor and not corroborated by medical evidence. The petitioner, represented by Mr. Hari Kishore Thakur, sought anticipatory bail, while the State opposed the relief. The court examined the facts, the petitioner’s clean antecedent, and the seriousness of the offences, and decided to grant anticipatory bail on condition of surrender within six weeks, posting a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also imposed standard bail conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving offences under the IPC.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Indian Penal Code — s. 307, 323, 324, 34, 341, 448, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- false implication
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77183 of 2025
Arising Out of PS. Case No.-255 Year-2023 Thana- GAIGHAT District- Muzaffarpur
======================================================
Amarjeet Paswan S/o Bhajan Paswan R/o Village- Sakarwara Noor, P.S-
Gaighat, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate.
For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Gaighat P.S. Case No.255 of 2023 instituted under Sections
341, 323, 324, 307, 448, 504, 506 & 34 of the I.P.C.
3. As per the prosecution case, there was some
altercation between petitioner and one Dharmendra Paswan at
the door of informant in which brother of the informant forbade
them upon which petitioner abused his brother and assaulted
him with Chhura causing injury on his nose, lip and chin.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case due to previous enmity and grudge. He further submits that
the petitioner and informant both are co-villager and next door
Patna High Court CR. MISC. No.77183 of 2025(3) dt.11-02-2026
2/2
neighbors and on the day of occurrence, there was some quarrel
between both the parties, due to which there was free fight
between them. Learned counsel submits that injury to the
injured is simple in nature and the medical report does not
corroborate the allegation against the petitioner. He further
submits that petitioner has got clean antecedent and he
undertakes to cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioner be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount to each to the satisfaction of the
learned J.M. 1st Class, Muzaffarpur (East) in connection with
Gaighat P.S. Case No.255 of 2023, subject to the conditions laid
down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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