Patna High Court
Jhun Jhun Paswan @ Jhun Jhun Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 127(2), 303(2), 329(3), 329(4), 3(5), 351(2), 352, 482(2)
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
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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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