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Patna High Court

Rohit Paswan @ Rohit Kumar @ Priyatam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Rohit Paswan, was named in an FIR for offences under several sections of the Bihar Negotiable Statutes (B.N.S., 2023) following an alleged assault on an informant. He contended that he has a clean record, was falsely implicated, and that the alleged assault was minor and not under the Arms Act. The petitioner sought anticipatory bail, assuring cooperation with the investigation, while the State opposed the relief. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bihar Negotiable Statutes (B.N.S.S.). The order also stipulated that bail could be cancelled if the petitioner fails to cooperate with the investigation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious charges under the B.N.S., 2023.
  • Whether the alleged assault and other offences warrant denial of bail on grounds of potential tampering with evidence or absconding.

Subjects

  • anticipatory bail
  • false implication
  • assault
  • Section 482
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77427 of 2025
                       Arising Out of PS. Case No.-178 Year-2025 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Rohit Paswan @ Rohit Kumar @ Priyatam Kumar Son of Mosafir Paswan
                 R/o Village - Lodhway, P.S.- Fatehpur, District - Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Praveen Kumar, Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-02-2026                  Heard learned counsel for the petitioner and Mr.

                   Chandra Bhushan Prasad, learned APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 190, 191(2), 126(2),

                   117(2), 115(2), 109, 303(2) and 351(2) of B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that he was intercepted by the accused persons including

                   the petitioner and was pulled down from his Scooty. Further,

                   petitioner assaulted him by butt of pistol causing injury on head

                   while other accused assaulted him by Lathi causing injury on

                   head and hand and someone snatched Rs.8,600/- from his

                   pocket.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.77427 of 2025(2) dt.06-02-2026
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          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the FIR, it

          would manifest that the case has not been instituted under the

          Arms Act. It is also submitted that though there is allegation of

          assault against this petitioner of assaulting the informant by butt

          of pistol but then the blow is not alleged to have been repeated

          and the injury suffered by the injured has been opined to be

          simple in nature, as would manifest from the supplementary

          injury report, annexed as Annexure-P/4 to the instant

          anticipatory bail application at page-24. It is next submitted that

          petitioner will not abscond rather will cooperate in the

          investigation to prove his innocence. It is also submitted that

          petitioner is not a criminal.

                       5. Learned APP opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let petitioner, above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned trial court where the case
               Patna High Court CR. MISC. No.77427 of 2025(2) dt.06-02-2026
                                                           3/3




                         is pending/Successor Court in connection with Fatehpur P.S.

                         Case No.178 of 2025, subject to the conditions as laid down

                         under Section 482(2) of B.N.S.S.

                                      7. However, it is made clear that in the event, if any

                         application is filed by the Investigating Officer before the

                         learned Trial Court bringing to its notice that petitioner, despite

                         giving assurance to this Court, is not cooperating in the

                         investigation, the learned Trial Court shall be at liberty to cancel

                         the bail bonds of the petitioner after recording reasons.

                                      8. Let a copy of this order be sent to the concerned

                         police station through the learned Trial Court.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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