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Patna High Court

Rahul Kumar PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was granted to petitioners Nos.2 and 3 subject to conditions, as there were no specific allegations justifying its denial.

Summary

The petitioners, Rohit Kumar Paswan and Deepu Paswan, sought anticipatory bail in connection with a criminal case (Simri P.S. Case No.210 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners assaulted the informant and his wife, attempted murder, and extorted money, while the petitioners contended that they were falsely implicated due to a land dispute and that the FIR was lodged twenty days after the alleged incident. The application on behalf of the first petitioner, Rahul Kumar Paswan, was dismissed as it was not pressed. The court examined whether the allegations warranted denial of anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nyaya Sanhita. Considering the lack of specific allegations against the remaining petitioners and the circumstances presented, the court granted anticipatory bail to Rohit Kumar Paswan and Deepu Paswan subject to stringent conditions, and clarified that any observations in the order would not affect the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC read with Section 482 of the Bharatiya Nyaya Sanhita in view of the alleged offences.
  • Whether the delay in filing the FIR and the claim of false implication affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • Bharatiya Nyaya Sanhita
  • false implication
  • land dispute
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82159 of 2025
                       Arising Out of PS. Case No.-210 Year-2025 Thana- SIMRI District- Darbhanga
                 ======================================================
           1.     Rahul Kumar Paswan Son of Deepu Paswan R/o Village - Rasalpur(Araila),
                  P.S. - Simri, Dist. - Darbhanga.
           2.    Rohit Kumar Paswan @ Sohit Kumar Son of Deepu Paswan R/o Village -
                 Rasalpur(Araila), P.S. - Simri, Dist. - Darbhanga.
           3.    Deepu Paswan @ Deeplal Paswan Son of Rameshwar Paswan @ Late
                 Rameshwar Paswan R/o Village - Rasalpur(Araila), P.S. - Simri, Dist. -
                 Darbhanga.

                                                                                    ... ... Petitioner/s

                                                        Versus

                 The State of Bihar

                                                                              ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Girish Chandra Jha, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                   ORAL ORDER


2   15-01-2026                   At the outset, learned counsel for the petitioner

                   submits that he shall not press the application on behalf of the

                   petitioner no.1, namely, Rahul Kumar Paswan.

                                 2. The application on behalf of the petitioner no.1,

                   namely, Rahul Kumar Paswan, stands dismissed as not pressed.

                                 3. The present petition now only survives for

                   petitioner Nos.2 and 3, namely, Rohti Kumar Paswan @ Sohit
Patna High Court CR. MISC. No.82159 of 2025(2) dt.15-01-2026
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          Kumar Paswan and Deepu Paswan @ Deeplal Paswan.

                       4. Heard learned counsel for the petitioners and

          learned A.P.P. for the State.

                       5. Petitioners apprehend their arrest in connection

          with Simri P.S. Case No.210 of 2025 registered for the offences

          under Sections 126(2), 115(2), 109(1), 303(2), 76, 315(2), 352,

          3(5) of the Bharatiya Nyaya Sanhita, 2023.

                       6. As per the prosecution case, the informant has

          alleged that on account of some personal dispute between the

          petitioners and the informant, who are admittedly agnates, the

          accused persons started abusing and it is also alleged that the

          petitioners Rohit Kumar and Rahul Kumar tried to kill the

          informant by pressing his neck with a towel. It is next alleged

          that petitioner no.3 Deepu Paswan, forcibly took the thumb

          impression from the informant and the other two petitioners,

          namely, Rahul Kumar Paswan and Rohit Kumar Paswan took

          Rs. 5,000/- from the pocket of the informant. It is lastly alleged

          by the informant that the petitioner Rahul Paswan picked up

          brick and hit on the back side of the head of the wife of the

          informant.

                       7. Learned counsel for the petitioners submits that the

          petitioners have falsely been implicated in this case merely
Patna High Court CR. MISC. No.82159 of 2025(2) dt.15-01-2026
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          because there is a land dispute between them and they are own

          agnates of the informant. It has further been submitted that the

          occurrence is said to have taken place on 23.06.2025 while the

          FIR was registered on 17.07.2025 i.e. almost after twenty days

          of the alleged occurrence. It has been submitted that the

          petitioners have falsely been implicated and no such incident as

          alleged had occurred. It has also been submitted that the

          petitioners carry clean antecedent.

                       8. Learned APP for the State has vehemently opposed

          the prayer for anticipatory bail and has stated that there is

          specific allegation upon the petitioners to have assaulted the

          informant as well as the wife of the informant. It has also been

          submitted that the delay is on account of the treatment of the

          wife of the informant and, therefore, no benefit can be drawn by

          the petitioners from the same.

                       9. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties and the

          fact there are no specific allegations against the petitioner nos.2

          and 3, let the petitioner nos.2 and 3, namely, Rohti Kumar

          Paswan @ Sohit Kumar Paswan and Deepu Paswan @ Deeplal

          Paswan be released on anticipatory bail, in the event of arrest or

          surrender before the learned Court below within a period of four
Patna High Court CR. MISC. No.82159 of 2025(2) dt.15-01-2026
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          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 Simri P.S. Case

          No.210 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.

                       10. Accordingly, the prayer for anticipatory bail is
              Patna High Court CR. MISC. No.82159 of 2025(2) dt.15-01-2026
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                        allowed.

                                     11. 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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