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Patna High Court

Shaym Narayan PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.82031 of 2025(2) dt.15-01-2026
                                            2/4




          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
Patna High Court CR. MISC. No.82031 of 2025(2) dt.15-01-2026
                                            3/4




          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
              Patna High Court CR. MISC. No.82031 of 2025(2) dt.15-01-2026
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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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