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Patna High Court

Sushil PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
           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
                                                          3/3




                        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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