Patna High Court
Badababu Paswan @ BadababuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner, subject to bond and sureties, if arrested within six weeks, under Section 482(2) of the B.N.S.S.
Summary
Badababu Paswan sought relief fearing arrest in a case registered under multiple sections of the Bihar Negotiable Statutes (B.N.S.) 2023 relating to assault, homicide and other offences. The FIR alleged that on 16‑03‑2025 the informant was assaulted by Randhir and Ranjan Paswan, leading to a violent clash in which Chandradeep Bhagat was injured and later died. The petitioner contended that he had no involvement in the alleged assault or the subsequent violence and was being falsely implicated. He relied on a prior anticipatory bail order granted to other accused (Randhir Kumar) and argued that the FIR does not name him as a participant. The State opposed the bail, but the Court, after considering the submissions, ordered that the petitioner be released on bail if arrested within six weeks, upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the allegations in the FIR
- Whether the petitioner can be considered a false implicate and thus exempt from custody
Legislation cited
Subjects
- anticipatory bail
- false implication
- criminal procedure
- section 482
- Bihar criminal law
- assault
- homicide
- bail order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81632 of 2025
Arising Out of PS. Case No.-77 Year-2025 Thana- HASPURA District- Aurangabad
======================================================
Badababu Paswan @ Badababu Son of Fakira Paswan @ Fakira Ram R/o
Village - Chanhat, P.S. - Haspura, District - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Anand, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 191(2), 191(3), 190,
126(2), 115(2), 117(2), 109(1), 103(1), 76 and 303(2) of B.N.S.,
2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that she had gone to attend nature’s call on 16.03.2025 at
07:00 p.m. when Randhir and Ranjan Paswan came and started
acting inappropriately. On alarm, her father-in-law, Ram Sakal
Bhagat along with Sri Bhagat and villagers came, when accused
persons fled from the place of occurrence, thereafter her father-
in-law along with others and Chandradeep Bhagat, grandfather-
Patna High Court CR. MISC. No.81632 of 2025(2) dt.17-02-2026
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in-law of the informant, went to the house of the accused
persons when Randhir assaulted Ram Sakal Bhagat by sword
causing injury on head. Thereafter, Ranjan Paswan assaulted
Chandradeep Bhagat with Lathi, Danda and sword causing
injury. Further, Vikash Paswan assaulted Chandradeep Bhagat
and Suresh Bhagat by Lathi, Danda and sword causing injury,
thereafter, with the help of villagers, the injured were brought to
the hospital where Chandradeep Bhagat died on 17.03.2025
during the course of treatment.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegations, as alleged in the FIR, it would manifest that
petitioner is not alleged to have acted inappropriately with the
informant when she had gone to attend nature’s call nor
petitioner is alleged to have assaulted Ram Sakal Bhagat or
Chandradeep Bhagat. It is further submitted that Sudhir Kumar
@ Sudhir Paswan and Randhir Kumar @ Randhir Paswan had
approached this Court seeking anticipatory bail by filing
Criminal Miscellaneous No.57125 of 2025 and the same came
to be allowed by an order dated 07.11.2025. It is also submitted
that Randhir Kumar @ Randhir Paswan is different from
Patna High Court CR. MISC. No.81632 of 2025(2) dt.17-02-2026
3/3
Randhir, who is alleged to have acted inappropriately with the
informant.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, let petitioner, above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Aurangabad in connection with Haspura
P.S. Case No.77 of 2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Sanjay/-
U T
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