Patna High Court

Parmeshwari PaswanversusThe State Of Bihar

Decided: 6 January 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court granted bail to the petitioners, subject to bond and conditions, and disposed of the bail petition.

Summary

Petitioners Parmeshwari Paswan and Yugeshwar Paswan applied for bail in a criminal case (Cr. Misc. No.80163 of 2025) where they were charged under Sections 188, 353 and 34 of the Indian Penal Code for alleged encroachment of government land. They contended that they were innocent, had no prior criminal record, and that Section 353 was inapplicable. The State opposed the bail, but the court noted that the investigation was complete, a charge‑sheet had been filed, and a co‑accused had already been granted anticipatory bail in a related matter. Considering these facts, the court ordered that the petitioners be released on bail upon surrender or arrest within six weeks, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The bail order effectively disposed of the petition.

Issues considered

Whether bail should be granted to the petitioners under the pending charges of Sections 188, 353 and 34 IPC
Whether Section 353 IPC is applicable to the facts of the case
Whether the petitioners' lack of criminal antecedent and the completion of investigation justify bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482
Indian Penal Code — s. 188, 34, 353

Subjects

bail
anticipatory bail
IPC
Section 188
Section 353
Section 34
Section 482
encroachment
high court
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80163 of 2025
                    Arising Out of PS. Case No.-212 Year-2018 Thana- TRIVENIGANJ District- Supaul
                 ======================================================
           1.     Parmeshwari Paswan S/O Anuplal Paswan @ Anup Paswan R/O Vill.-
                  Gonaha, Ward No. - 12, P.S. - Triveniganj, District - Supaul, State - Bihar.
           2.     Yugeshwar Paswan @ Guneshwar Paswan @ Gureshwar Paswan S/O
                  Khushilal Paswan R/O Vill.- Gonaha, Ward No. - 12, P.S. - Triveniganj,
                  District - Supaul, State - Bihar.
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kuldeep Kumar, Advocate
                 For the Opposite Party/s :      Ms. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER
2   06-01-2026                       Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                 2. The petitioners apprehend their arrest in a case

                   registered under Sections 188, 353 and 34 of the Indian Penal

                   Code.

                                   3. As per prosecution case, petitioners have again

                   encroached and violated the earlier order of concerned authority

                   with respect to removal of encroachment.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have falsely been implicated in the

                   present case. Further submission is that petitioners have never

                   encroached upon the government land and the allegation against

                   them are general in nature. Section 353 of I.P.C. is not

                   applicable in this case. Investigation has already been completed

                   and charge-sheet has been submitted. There is no requirement of
            Patna High Court CR. MISC. No.80163 of 2025(2) dt.06-01-2026
                                                        2/2




                      any custodial interrogation of the petitioners. Similarly situated

                      co-accused Mahendra Paswan has already been granted

                      anticipatory bail by a Co-ordinate Bench of this Court vide order

                      dated 20.08.2025 passed in Cr. Misc. No. 34635 of 2025.

                      Petitioners have no criminal antecedent. They undertake to

                      cooperate in the trial.

                                      5. Learned A.P.P. appearing on behalf of the State

                      opposed the bail application.

                                      6. Having considered the facts and circumstances

                      of the case and submissions of learned counsel for the parties,

                      let the above named petitioners be released on bail, in the event

                      of arrest or surrender before the learned court below within a

                      period of six weeks from today, on furnishing bail bonds of

                      Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

                      the like amount each to the satisfaction of learned J.M.-I, Supaul

                      in connection with Triveniganj P.S. Case No. 212/2018, subject

                      to the conditions as laid down under Section 482(2) of the

                      Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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