Patna High Court
Sugriv PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, finding the FIR’s specific allegation against him unconvincing in view of contradictory statements.
Summary
The petitioner, Sugriv Paswan, was named in an FIR for allegedly assaulting the informant’s wife with a brick plate and lathi, causing head and bodily injuries, under several sections of the BNS. The petitioner’s counsel argued that statements recorded from the injured son and the victim herself did not specifically implicate the petitioner, and that the FIR’s allegation was not convincing. The State opposed the bail application. The court noted the contradictions between the FIR and the statements of the injured parties, and considered the petitioner’s clean antecedent. Consequently, the court ordered that the petitioner be released on bail upon surrender, with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the BNS. The bail order was conditioned on the petitioner’s appearance before the lower court within four weeks.
Issues considered
- Whether the petitioner is entitled to bail despite the FIR alleging his participation in the assault
- Whether the statements of the injured parties negate the specific allegation against the petitioner
Legislation cited
- BNS — s. 10(1), 115(2), 180, 190, 191(2), 3(5), 482(2)
Subjects
- bail
- assault
- FIR
- contradictory statements
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79306 of 2025
Arising Out of PS. Case No.-72 Year-2025 Thana- Dhobaha District- Bhojpur
======================================================
Sugriv Paswan S/O Shyam Sundar Paswan Resident of Village- Pipara, P.S.-
Dhobahan, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar Singh, Adv.
Mr. Praveen Kumar, Adv.
Mrs. Anju Kumari Sinha, Adv.
Ms. Drishti Mohan, Adv.
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 24-02-2026 Heard the parties.
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Dhobahan P.S.
Case No. 72 of 2025 registered for the offences punishable
under Sections 191(2), 190, 10(1), 115(2), 3(5) of BNS.
3. Allegation against petitioner is to assault
informant causing head and bodily injuries by using brick
plate, lathi etc., where occurrence is alleged to be arising out
of trivial issues surfaced amongst childrens.
4. Learned counsel appearing on behalf of the
petitioner submitted that though this petitioner specifically
Patna High Court CR. MISC. No.79306 of 2025(4) dt.24-02-2026
2/3
alleged to assault the wife of the informant during the
occurrence but during investigation the things took U-turn as
far specific allegation is concerned. In this context, learned
counsel drawn attention of this Court towards para 7 of the
case diary who is of injured son of the informant, para 26
where the statement of injured appears recorded and para 27
where the statement of Mira Devi under Section 180 of
BNSS, appears recorded. Taking shelter of all these
statement. It is submitted that son of the informant stated
during investigation that it was Dilip Paswan who hold her
mother whereafter several co-accused person including this
petitioner assaulted her mother, similarly the injured stated
herself that the accused person assaulted her during the
occurrence without making any specific allegation against this
petitioner as raised through FIR and this fact further
supported by Mira Devi. It is pointed out that in view of same
the allegations as raised by informant claiming to be an eye
witness of the occurrence that petitioner specifically assaulted
his wife appears not convincing. Petitioner is a man of clean
antecedent.
Patna High Court CR. MISC. No.79306 of 2025(4) dt.24-02-2026
3/3
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as statement of injured herself and also
her injured son as discussed aforesaid appears to contradict
the specific allegation as stated through FIR, accordingly
petitioner above-named, in the event of his arrest or
surrender before the court below within a period of four
weeks, is directed to be released on bail, furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned SDJM,
Bhojpur at Ara /concerned Court, where the case is pending in
connection with Dhobahan P.S. Case No. 72 of 2025, subject
to the conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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