Patna High Court
Balram PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that anticipatory bail may be granted despite the serious nature of the charges, as the prosecution evidence was insufficient to establish the petitioners' culpability, subject to strict bail conditions.
Summary
The petitioners, Balram Paswan, Lal Paswan and Ram Kala Devi, sought anticipatory bail fearing arrest in a case (PS No.166 of 2023) involving multiple IPC offences including assault, attempt to kidnap, and theft. The prosecution alleged that the petitioners participated in a violent intrusion, assaulting several persons and attempting to abduct a minor, while the petitioners contended they were falsely implicated, citing lack of injury reports and clean antecedents. The court examined the prosecution's evidence and the petitioners' submissions, noting the absence of concrete medical evidence linking them to the alleged injuries. Relying on Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court granted anticipatory bail with stringent conditions regarding sureties, presence in court, and verification of antecedents. The order emphasized that the bail conditions are not to delay the trial and that any observations made are not binding during the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of offences under Sections 341, 323, 324, 354(B), 380, 427, 307, 504 and 34 of the IPC.
- Whether the prosecution's evidence is sufficient to deny anticipatory bail.
- Whether the conditions prescribed under Section 438(2) CrPC and Section 482(2) BNSS 2023 are applicable.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Criminal Procedure Code — s. 438
- Indian Penal Code — s. 307, 323, 324, 34, 341, 354, 380, 427, 504
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- Bharatiya Nagarik Suraksha Sanhita
- false implication
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7900 of 2026
Arising Out of PS. Case No.-166 Year-2023 Thana- BHAIRAVSHTHAN District-
Madhubani
======================================================
1. Balram Paswan, S/o Yadunandan Paswan, R/o Village - Raiyam West, P.S -
Bhairavsthan, District - Madhubani
2. Lal Paswan @ Lal Mohan Paswan, S/o Yadunandan Paswan, R/o Village -
Raiyam West, P.S - Bhairavsthan, District - Madhubani
3. Ram Kala Devi, W/o Lal Paswan @ Lal Mohan Paswan, R/o Village -
Raiyam West, P.S - Bhairavsthan, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
5 21-05-2026 Heard the learned counsel for the petitioners and the
learned A.P.P. for the State through virtual mode.
2. The petitioners are apprehending their arrest in
connection with Bhairavsthan P.S. Case No. 166 of 2023,
registered for the offence(s) under Section(s) 341, 323, 324,
354(B), 380, 427, 307, 504 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant has
alleged that altogether 19 (nineteen) FIR named accused
persons, variously armed, entered into her courtyard and started
abusing. It has further been alleged that the petitioner no. 1,
Balram Paswan ordered to eliminate the entire family of the
Patna High Court CR. MISC. No.7900 of 2026(5) dt.21-05-2026
2/4
informant and he himself assaulted Atal Paswan on his head
with farsa, while the other accused persons assaulted Shiv
Shankar Paswan, Rupa Kumari and Vimla Devi. It has further
been alleged that the said accused persons even tried to kidnap
the daughter of informant with a view to commit rape upon her
and they had also taken away cash amount of Rs. 1,00,000/-
from the trunk.
4. The learned counsel for the petitioners submits that
the petitioners have falsely been implicated in this case and no
such incident as alleged had occurred as in the entire case diary,
no injury report of said Atal Paswan would be found with
respect to whom it is alleged that petitioner no. 1 assaulted him
with farsa. It has further been submitted that as far as the other
injured persons are concerned, the same is not attributed against
the petitioners and there is general and omnibus allegations
against petitioner nos. 2 and 3 that they had also assaulted Shiv
Shankar Paswan. However, from the injury report of said Shiv
Shankar Paswan, it would be found that he had received two
injuries out of which, one injury was lacerated would on middle
scalp while the other injury was swelling over the left hand. It
has next been submitted that even the head injury caused to
injured Shiv Shankar Paswan has been attributed to one Manish
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Paswan and there was a case and counter case being
Bhairavasthan P.S. Case No. 167 of 2023 for the same incident
in which petitioners’ side had also received injuries. It has lastly
been submitted that the petitioners have clean antecedents.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioners, above-named, be released on anticipatory bail, in
the event of their arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on their furnishing bail bonds in the sum of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount, each to the satisfaction of the concerned
Court/successor Court where the case is pending in connection
with Bhairavsthan P.S. Case No. 166 of 2023, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure, 1973 read with corresponding Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
(B.N.S.S.) as well as subject to the following conditions :
(i) One of the bailors of the petitioners shall be their
close relative and the other shall be a local resident.
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(ii) The petitioners shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bonds of
the petitioners will be liable to be cancelled by the
concerned Court.
(iv) The concerned Court shall verify the criminal
antecedents of the petitioners and in case, at any stage, it is
found that they have concealed their criminal antecedents,
the Court concerned shall take necessary steps for
cancellation of their bail bonds. However, the acceptance
of bail bonds in terms of the above-mentioned order shall
not be delayed for purpose of or in the name of
verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
krishna/deepak/-
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