Patna High Court

Shambhu PaswanversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court granted bail to the petitioners, directing them to furnish a bail bond of Rs.10,000 with two sureties.

Summary

Shambhu Paswan and Chhedo Paswan applied for regular bail in a criminal case (Pipra PS case no. 308 of 2025) filed under several sections of the Bhartiya Nyay Sanhita, 2023. The prosecution alleged that the petitioners, along with other accused, assaulted the informant and others, causing serious injuries. The petitioners contended that they were falsely implicated and that the allegations were vague, noting a case‑and‑counter‑case scenario and that co‑accused Rajesh Paswan and Shivdutt Paswan had already been released on bail. Having been in custody since 22‑Oct‑2025 and with a chargesheet already filed, the court examined the merits of the bail application. Considering the nature of the allegations, the prior bail of co‑accused, and the petitioners' custody duration, the court ordered that both petitioners be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount.

Issues considered

Whether the petitioners are entitled to regular bail despite the serious charges and a filed chargesheet
Whether the presence of a case‑and‑counter‑case and prior bail to co‑accused affect the bail decision

Legislation cited

Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 191(2), 351(2), 352

Subjects

bail
criminal procedure
false implication
assault
chargesheet
surety
Bhartiya Nyay Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8111 of 2026
                         Arising Out of PS. Case No.-308 Year-2025 Thana- PIPRA District- Supaul
                 ======================================================
           1.     Shambhu Paswan Son of Lachhan Paswan R/o Village - Bishanpur, Ward no.
                  10, P.S. - Pipra, Dist. - Supaul.
           2.     Chhedo Paswan @ Chhedan Kumar @ Chhdi Paswan Son of Bhatan
                  Paswan @ Madan Paswan R/o Village - Bishanpur, Ward no. 10, P.S. -
                  Pipra, Dist. - Supaul.
                                                                       ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nawal Kishore Singh, Advocate
                 For the Opposite Party/s :        Mr. Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   17-02-2026                    1. Heard learned counsel for the parties.

                                  2. The petitioners have preferred this application for

                   grant of regular bail in connection with Pipra P.S. Case no. 308

                   of 2025 registered under sections 191(2), 126(2), 115(2),118(1),

                   109, 117(2), 352 and 351(2) of the Bhartiya Nyay Sanhita, 2023.

                                 3. As per the prosecution case, the informant states

                   that the fifteen named accused persons including the petitioners

                   herein as also Rajesh Paswan and Shivdutt Paswan came

                   variously armed and assaulted the informant, his nephew and

                   others causing serious injuries.

                                   4. It is submitted by learned counsel for the

                   petitioner that the petitioner has been falsely implicated in the

                   case. The allegations are general and omnibus in nature. There is
           Patna High Court CR. MISC. No.8111 of 2026(2) dt.17-02-2026
                                                       2/2




                     case and counter case between the parties. Coaccused Shivdutt

                     Paswan and Rajesh Paswan have been enlarged on bail vide

                     order dated 22.1.2026 passed in Cr. Misc. no. 88793 of 2025

                     and order dated 27.1.2026 passed in Cr. Misc. no. 89649 of

                     2025 respectively. The petitioners are in custody since

                     22.10.2025 and chargesheet has been submitted in the case.

                                     5. Heard learned A.P.P. for the State.

                                     6. Having heard learned counsel for the parties and

                     taking into consideration the allegations against the petitioners in the

                     F.I.R., there being case and counter case between the parties, grant of

                     bail to the coaccused Rajesh Paswan and Shivdutt Paswan vide

                     aforesaid orders, the petitioners being in custody since 22.10.2025

                     and chargesheet having been submitted in the case, the Court directs

                     the petitioners to be enlarged on bail in connection with Pipra P.S.

                     Case no. 308 of 2025 on each of them furnishing bail bond of

                     Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like

                     amount each to the satisfaction of the learned Chief Judicial

                     Magistrate, Supaul.


                                                             (Partha Sarthy, J)
Bibhash
U      T

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