Patna High Court

Bala Paswan @ Bala Lakhindar KumarversusThe State of Bihar

Decided: 8 January 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

Anticipatory bail was granted to the petitioner subject to bond and surety conditions under Section 482(2) of the B.N.S.S. 2023.

Summary

The petitioner, Bala Paswan, was implicated in a robbery and assault case (Korma P.S. Case No. 95 of 2025) under Sections 126(2), 115(2), 110, 303(2) and 3(5) of the Bharatiya Nagrik Suraksha Sanhita. The prosecution alleges that the petitioner, along with co‑accused, assaulted the informant's son with an iron rod, stole a gold chain and Rs.10,000. The petitioner contends that he is falsely implicated as retaliation for a criminal case he had earlier filed against the informant, and points out that the injury was minor. He sought anticipatory bail, noting that other co‑accused had already been granted bail and that he has only one prior criminal antecedent related to a family dispute. The State opposed the bail. The Court, after considering the facts and submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita despite the serious nature of the allegations.
Whether the petitioner is likely to flee, tamper with evidence or influence witnesses.
Whether the prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Bharatiya Nagrik Suraksha Sanhita — s. 110, 115(2), 126(2), 303(2), 3(5), 482(2)

Subjects

anticipatory bail
criminal procedure
false implication
assault
robbery
Section 482
Bharatiya Nagrik Suraksha Sanhita
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80817 of 2025
                      Arising Out of PS. Case No.-95 Year-2025 Thana- KORMA District- Sheikhpura
                 ======================================================
                 Bala Paswan @ Bala Lakhindar Kumar S/O Kapil Paswan R/O Village -
                 Belloni, P.S- Korma, District – Sheikhpura.
                                                                      ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Priya Kumari, Advocate
                 For the Opposite Party/s :       Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   08-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Korma P.S. Case No. 95 of 2025, instituted under Sections

                   126(2), 115(2), 110, 303(2), 3(5) of the B.N.S.

                                3. As per the prosecution case, on the date of occurrence

                   when the son of the informant was returning with his maternal

                   uncle, the accused persons including the petitioner armed with

                   weapon caught hold the informant's son and demanded money. It

                   is further alleged that the petitioner assaulted on the head of

                   informant's son Amol Kumar with iron rod causing head injury.

                   Co-accused Kundan Kumar snatched golden chain from the neck

                   of informant's son and co-accused Munna Paswan taken away Rs.

                   10,000/- from the pocket of informant's son.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this case.
            Patna High Court CR. MISC. No.80817 of 2025(2) dt.08-01-2026
                                                        2/2




                      Earlier, petitioner had filed a criminal case against the informant

                      due to which this false case has been filed against the petitioner. It

                      is further submitted that injury on the injured is simple in nature.

                      Other co-accused persons, namely, Randhir Paswan, Pintu Paswan

                      and Ajay Paswan have already been granted anticipatory bail by

                      the Court concerned. Petitioner has one criminal antecedent which

                      is related to family dispute. Petitioner undertakes to co-operate in

                      the investigation and trial.

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

                      anticipatory bail.

                                   6. Considering the facts and circumstances of the case

                      and submission 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/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned J.M.F.C., Sheikhpura in

                      connection with Korma P.S. Case No. 95 of 2025, subject to the

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

                      Suraksha Sanhita (B.N.S.S.), 2023.



                                              (Sunil Dutta Mishra, J.)
rakhi/-
U       T

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