Patna High Court
Sushil PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Anticipatory bail is granted to the petitioners under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioners Sushil Paswan and Mukesh Kumar Singh applied for anticipatory bail fearing arrest in a case where they were alleged to have taken part in an armed raid on an informant’s land, committing extortion, assault, and theft. They asserted that they are innocent and have been falsely implicated due to village politics and a land dispute involving another accused, and they have no prior criminal record. The State opposed the bail, emphasizing the seriousness of the offences charged under multiple sections of the Bharatiya Nagrik Suraksha Sanhita, 2023. The Court considered the petitioners’ cooperation, lack of antecedents, and the fact that a co‑accused had previously been granted anticipatory bail. Applying Section 482(2) of the B.N.S.S., 2023, the Court ordered that the petitioners be released on bail upon furnishing a bond of Rs 10,000 each with two sureties, subject to conditions. The order thus granted anticipatory bail to the petitioners.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 despite the serious charges.
- Whether the petitioners are likely to abscond, tamper with evidence, or commit further offences if released on bail.
- Whether the petitioners have any prior criminal antecedents that would preclude the grant of bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 115(2), 119(1), 190, 191(2), 191(3), 303(2), 308(2), 308(3), 308(4), 324(4), 351(2), 351(3), 482(2)
Subjects
- anticipatory bail
- Section 482
- criminal law
- false implication
- land dispute
- extortion
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78383 of 2025
Arising Out of PS. Case No.-80 Year-2025 Thana- SONBERSHA RAJ District- Saharsa
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1. Sushil Paswan son of Late Janak Paswan Resident Of Village- Sugma P.S.-
Banma Itahari District -Saharsa
2. Mukesh Kumar Singh son of Vinod Singh Resident Of Village- Sugma P S-
Banma Itahari District -Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Sonbarsa Raj P.S. Case No. 80 of 2025, instituted under
Sections 190, 191(2), 191(3), 115(2), 119(1), 308(2), 308(3),
308(4), 303(2), 324(4), 351(2), 351(3) of the B.N.S., 2023.
3. As per the prosecution case, petitioners along with
F.I.R. named accused persons and 200 unknown miscreants
armed with weapons came at the land of the informant while
soil-levelling work was being done on his land. The accused
persons vandalized his warehouse and demanded extortion.
They assaulted the informant and looted cash and a gold chain
Patna High Court CR. MISC. No.78383 of 2025(2) dt.05-01-2026
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and also threatened to kill him and his family.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case due to village politics. There is land dispute between the
informant and co-accused Jitendra Kumar Singh @ Puttan
Singh. Petitioners have no concern with the same. Injury on the
informant is simple in nature. Petitioners have no criminal
antecedent. Petitioners undertake to co-operate in the
investigation and trial. Similarly situated co-accused, namely,
Jitendra Kumar Singh @ Puttan Singh has already been granted
anticipatory bail by a Co-ordinate Bench of this Court, vide
order dated 27.08.2025 passed in Cr. Misc. No. 57915 of 2025.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case and submission of learned counsel for the parties, in the
event of arrest or surrender before the Court below within six
weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate 1st Class, Saharsa in connection with
Sonbarsa Raj P.S. Case No. 80 of 2025, subject to the conditions
Patna High Court CR. MISC. No.78383 of 2025(2) dt.05-01-2026
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laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha
Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J.)
rakhi/-
U T
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