Patna High Court
Rahul Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 315(2), 3(5), 352, 482(2), 76
- Code of Criminal Procedure — s. 438(2)
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
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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
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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
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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
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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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