Created by Fuzzy Cloud

Patna High Court

Munna PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.