Patna High Court
Munna PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioners subject to a Rs.10,000 bond, two sureties, and compliance with conditions under section 482(2) of the BNSS.
Summary
The petitioners, Munna Paswan and others, were apprehensive of arrest in a case arising from a water‑pipe dispute that escalated into a scuffle, leading to injuries and an FIR containing several charges under the Bharatiya Nagarik Suraksha Sanhita (BNSS). They claimed a clean antecedent and argued that the allegations were general and omnibus. The State opposed the bail petition. The Court considered the nature of the allegations, the petitioners' clean record, and the circumstances, and ordered that bail be granted if the petitioners surrendered within eight weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNSS. The bail order was directed to be satisfied by the Chief Judicial Magistrate of Arwal. The decision effectively allowed the bail petition with specified conditions.
Issues considered
- Whether bail should be granted to the petitioners despite the omnibus nature of the allegations under sections 115(2), 126(2), 117(2), 109(1), 351(2), 352 and 3(5) of the BNSS
- Whether the petitioners' clean antecedent warrants bail
- Whether the conditions imposed under section 482(2) of the BNSS are appropriate
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 117(2), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- omnibus allegation
- clean antecedent
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.797 of 2026
Arising Out of PS. Case No.-81 Year-2025 Thana- Banshi District- Arwal
======================================================
1 . Munna Paswan S/o Dwarik Paswan Resident of Village-Kurmawan, P.S.-
Banshi, District-Arwal.
2. Babita Devi W/O Munna Paswan Resident of Village-Kurmawan, P.S.-
Banshi, District-Arwal.
3. Dwarika Paswan @ Dwarik Paswan S/O Late Shyam Paswan Resident of
Village-Kurmawan, P.S.-Banshi, District-Arwal.
4. Kanti Devi W/O Dwarik Paswan Resident of Village-Kurmawan, P.S.-
Banshi, District-Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saket Kumar Singh, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 115 ( 2 ),
126 ( 2 ), 117 ( 2 ), 109 (1) , 351 ( 2 ), 352 and 3 (5) of BNS.
3 . As per F.I.R., due to dispute over fetching water
from pipe , a scuffle took place between the parties in which
both sides sustained injuries. Case and counter case . Allegation
is general and omnibus against these petitioners. Petitioners
claim clean antecedent.
Patna High Court CR. MISC. No.797 of 2026(2) dt.21-01-2026
2/2
4. Learned counsel for the State oppose the bail
petition .
5 . Considering the general and omnibus allegation
against these petitioners, clean antecedent of these petitioners
and other circumstances of the case , in the event of arrest or
surrender within eight weeks from today, let the petitioners, as
named above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate Arwal in connection with Banshi P.S. Case No. 81
of 2025 , subject to the conditions laid down under section 482
( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) ,
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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