Patna High Court
Tarachand Paswan @ Tarachand @ Tarachandra Paswan @ TarachanamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions.
Summary
Petitioner Tarachand Paswan applied for anticipatory bail fearing arrest in a case alleging assault on the informant's children under several provisions of the Bharatiya Nyaya Sanhita. He pleaded innocence, asserted that the alleged injuries were minor and that he has a clean antecedent. The State opposed the bail. The court examined the nature of the accusations, the extent of injuries and the petitioner’s clean record, and concluded that anticipatory bail was appropriate. Accordingly, the court ordered that if the petitioner is arrested or surrenders within eight weeks, he may be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 329(3), 3(5), 351(2), 352
Subjects
- anticipatory bail
- assault
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78295 of 2025
Arising Out of PS. Case No.-12 Year-2025 Thana- PANDARAK District- Patna
======================================================
Tarachand Paswan @ Tarachand @ Tarachandra Paswan @ Tarachanam S/O
Vimal Paswan R/O Village- Mamarkhabad P.S.- Pandarak, District -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 329(3), 126(2), 115(2),
109, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., this petitioner along with co-accused
Shrawan Paswan assaulted son and daughter of informant with
bricks.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Allegation
of assault is general and omnibus. Doctor has found the injuries
to be simple. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, injuries and
Patna High Court CR. MISC. No.78295 of 2025(3) dt.31-03-2026
2/2
clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate, Barh, Patna in connection with Pandarak P.
S. Case No. 12 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.