Patna High Court
Shaym Narayan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioners subject to specified conditions.
Summary
The petitioners, seven members of the Paswan family, sought anticipatory bail fearing arrest in a case (Mali PS Case No.95 of 2025) involving alleged offences under the Bharatiya Nyaya Sanhita, 2023. They contended that the FIR contains vague, omnibus allegations and that they were falsely implicated, with no specific attribution of assault to them. The State opposed the bail, arguing the seriousness of the charges. The High Court, after considering the submissions, granted anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the B.N.S.S., imposing conditions such as a bail bond of Rs.10,000, sureties, presence in court, and verification of criminal antecedents. The order clarified that any observations made would not affect the trial, and the bail could be cancelled if conditions were breached.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 438 CrPC and Section 482 B.N.S.S. in a case with vague allegations?
- Whether the petitioners are likely to abscond or tamper with evidence warranting denial of bail?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 118(1), 118(2), 127(2), 190, 191(1), 351(2), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- false implication
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82031 of 2025
Arising Out of PS. Case No.-95 Year-2025 Thana- MALI District- Aurangabad
======================================================
1. Shaym Narayan Paswan, S/o- Doman Paswan Resident of Village- Ugnahi
PS- Mali Dist- Aurangabad
2. Ajay Paswan, S/o- Ram Payare Paswan Resident of Village- Ugnahi PS-
Mali Dist- Aurangabad
3. Guddu Paswan, S/o- Ajay Paswan Resident of Village- Ugnahi PS- Mali
Dist- Aurangabad
4. Ranjan Paswan, S/o- Ajay Paswan Resident of Village- Ugnahi PS- Mali
Dist- Aurangabad
5. Sanjay Paswan, S/o- Sohram Paswan Resident of Village- Ugnahi PS- Mali
Dist- Aurangabad
6. Raju Paswan, S/o- Sohram Paswan Resident of Village- Ugnahi PS- Mali
Dist- Aurangabad
7. Avinandan Paswan, S/o- Doman Paswan Resident of Village- Ugnahi PS-
Mali Dist- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priyam Kumari, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in connection
with Mali P.S. Case No.95 of 2025 registered for the offences
under Sections 127(2), 191(1), 190, 118(1), 118(2), 109, 351(2)
3 of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, altogether 14 persons
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are said to have forced the informant on the ground and
thereafter co-accused Sikandar Paswan is said to have assaulted
him on his legs and also abused him. It is further alleged that the
other two named accused persons had abused and had also
assaulted the son of the informant, causing injuries.
4. Learned counsel for the petitioners submit that the
petitioners have falsely been implicated in this case and the
entire family of the defence side has been named in this case on
false and concocted story. It has next been submitted that from a
bare perusal of the FIR, it would be evident that there is general
and omnibus allegation against all the petitioners of having
pushed the informant on floor and as far the allegation of assault
is concerned, it is upon the other co-accused persons. It has
further been submitted that the allegations are palpably false
with no specific attribution against any of the petitioners. It has
next been submitted that the petitioners have fair antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioners above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
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within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Mali P.S. Case No.95 of 2025, subject to the conditions as laid
down under Section 438(2) of the Code of Criminal Procedure
read with corresponding Section 482(2) of B.N.S.S. as well as
subject to the following conditions:-
(i) One of the bailors of the petitioners shall
be their close relative.
(ii) The petitioners shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates, or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be cancelled by
the Court concerned.
(iv) If the petitioners are found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of their bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at any
stage it is found that the petitioners has concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However,
the acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
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allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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