Patna High Court

Bacchan Bihari PaswanversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner, finding that the allegations did not specifically implicate him and that parity with a co‑accused justified release.

Summary

The petitioner, Bacchan Bihari Paswan, was arrested in connection with a case alleging participation in an unlawful assembly that attacked Dinara Police Station, with charges under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that about 200 persons formed the mob, damaged police property and assaulted an informant. The petitioner’s counsel argued that he was falsely implicated, that no specific overt act was attributed to him, and that he was merely a member of the crowd, having been in custody since 09‑09‑2025 and possessing two prior convictions. The State opposed bail, but the court noted the lack of specific evidence against the petitioner and the parity with a co‑accused who had already been granted bail. Consequently, the court granted bail on a bond of Rs 15,000 with two sureties of the same amount.

Issues considered

Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023.
Whether the prosecution’s general and omnibus allegations constitute sufficient ground to deny bail.
Whether the principle of parity with a co‑accused already released on bail warrants granting bail to the petitioner.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109, 121(1), 121(2), 132, 190, 191(2), 191(3), 324(5)

Subjects

bail
unlawful assembly
criminal procedure
Bharatiya Nyaya Sanhita
parity principle
sessions trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7825 of 2026
                        Arising Out of PS. Case No.-364 Year-2025 Thana- DINARA District- Rohtas
                 ======================================================
                 Bacchan Bihari Paswan S/o Late Ramdev Paswan @ Late Ramdev Pas R/o
                 Village- Bailwaiya, P.S.- Dinara, Dist.- Rohtas



                                                                                   ... ... Petitioner/s
                                                        Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prem Kumar Paswan, Advocate
                 For the Opposite Party/s :        Mr. Rajendra Singh Shastri, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

5   19-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Sessions Trial No. 453 of 2025, Dinara P.S. Case No. 364 of

                   2025 instituted for the offences under Sections 191(2), 191(3),

                   190, 121(1), 121(2), 324(5), 132, 109 of the Bharatiya Nyaya

                   Sanhita, 2023.

                               3. Prosecution case, in short, is that about 200 persons

                   formed an unlawful assembly near Dinara Police Station, raised

                   slogans against the police, attacked the police station, damaged

                   the articles kept therein, and assaulted the informant, causing
Patna High Court CR. MISC. No.7825 of 2026(5) dt.19-02-2026
                                            2/3




          injuries to him.

                      4. Learned counsel for the petitioner submitted that the

          petitioner has falsely been implicated in the present case.

          Learned counsel for the petitioner submitted that general and

          omnibus allegation has been made against the petitioner. No

          specific overt act is alleged against the petitioner. Petitioner is

          only the member of mob. It has been submitted on behalf of the

          petitioner that the petitioner is in custody since 09.09.2025 and

          has two criminal antecedents. The co-accused person has

          already been granted bail by a coordinate Bench of this Court

          vide order dated 28.01.2026 passed in Cr. Misc. No. 4936 of

          2026.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, claim based on parity as also the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Sessions Trial No.
           Patna High Court CR. MISC. No.7825 of 2026(5) dt.19-02-2026
                                                       3/3




                     453 of 2025, Dinara P.S. Case No. 364 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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