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Patna High Court

Jhun Jhun Paswan @ Jhun Jhun Kumar PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that anticipatory bail is warranted and granted it subject to conditions under Section 482(2) of the B.N.S., 2023.

Summary

Jhun Jhun Paswan sought anticipatory bail fearing arrest in a case (Bibhutipur P.S. Case No.30 of 2025) filed under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging assault on an informant and his family over a monetary dispute. The prosecution alleged that the petitioner and co‑accused assaulted the informant to recover dues. The petitioner contended that he was falsely implicated, that the incident was a minor neighbor altercation resulting in simple injuries, and highlighted his clean antecedent and willingness to cooperate with the investigation. He also pointed out that a co‑accused, Hira Paswan, had been granted anticipatory bail in a similar case. The State opposed the bail. Considering the facts, the court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S., 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the nature of the alleged assault and the charges under the B.N.S. warrant denial of bail.
  • Whether the petitioner's clean antecedent and willingness to cooperate justify the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • assault
  • criminal procedure
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80145 of 2025
                    Arising Out of PS. Case No.-30 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Jhun Jhun Paswan @ Jhun Jhun Kumar Paswan Son of Late Upendra Paswan
                 R/o Village - Diyantpur, P.S.- Bibhutipur, District - Samastipur.
                                                                                  ... ... Petitioner/s
                                                     Versus
                 The State of Bihar.                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prem Kumar, Advocate.
                 For the Opposite Party/s :       Mr. Jitendra Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   06-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Bibhutipur P.S. Case No.30 of 2025 instituted under

                   Sections 329(3), 329(4), 126(2), 127(2), 115(2), 118(1), 109,

                   352, 351(2), 303(2) & 3(5) of the B.N.S., 2023.

                                3. As per the prosecution case, the petitioner

                   alongwith other co-accused persons assaulted the informant and

                   his family members on demanding previous dues.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this

                   case. He further submits that both the parties are close neighbors

                   and hot altercation taken place between the parties due to petty

                   issues and both the parties sustained injury, though simple in

                   nature, due to which there is case and counter case between the
              Patna High Court CR. MISC. No.80145 of 2025(2) dt.06-01-2026
                                                          2/2




                        parties. Learned counsel submits that similarly situated co-

                        accused, namely, Hira Paswan has been granted anticipatory bail

                        by the Co-ordinate Bench of this Court vide order dated

                        17.09.2025 passed in Cr. Misc. No.65400 of 2025. He further

                        submits that petitioner has got clean antecedent and he

                        undertakes to cooperate in the investigation and trial of the case.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail.

                                     6. Considering the facts and circumstances of the case

                        and submissions of learned counsel for the parties, in the event

                        of arrest or surrender before the Court below within six weeks

                        from today, the petitioner be released on bail upon furnishing

                        bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two

                        sureties of the like amount to each to the satisfaction of the

                        learned Sub-Divisional Judicial Magistrate, Rosera, Samastipur

                        in connection with Bibhutipur P.S. Case No.30 of 2025, subject

                        to the conditions laid down in Section 482(2) of the Bharatiya

                        Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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