Patna High Court
Nitish Paswan @ Nitish RanjanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioners are entitled to pre‑arrest bail as the FIR contains only a general allegation and the petitioners have a clean antecedent.
Summary
The petitioners, five residents of Jankipur village, applied for pre‑arrest bail in a case (Bhagwanpur P.S. Case No. 323 of 2025) alleging that they, along with others, had a common intention to kill and assaulted the informant, invoking numerous sections of the Bihar Penal Code. The petitioners contended that the FIR contains a general and omnibus allegation, that they were falsely implicated due to enmity with the informant, and that they are students with clean antecedents. The State and the informant opposed the bail. The Court examined the FIR, noted the lack of specific allegations against the petitioners, and accepted that the case appeared to be a false prosecution. Consequently, the Court ordered that the petitioners be released on pre‑arrest bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to verification of their criminal antecedents and the condition under Section 482(2) of the Criminal Procedure Code. The District Court was directed to verify any pending cases against the petitioners, after which the bail order would stand.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the FIR alleging multiple serious offences.
- Whether the allegations in the FIR constitute a specific charge or a general, omnibus accusation.
- Whether the petitioners' clean antecedent and claim of false implication justify granting bail.
Legislation cited
- Bihar Penal Code — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 303(2), 329(3), 351(2), 352
- Criminal Procedure Code — s. 482(2)
Subjects
- pre‑arrest bail
- false case
- general allegation
- clean antecedent
- Section 482
- Criminal Procedure Code
- bail conditions
- enmity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8274 of 2026
Arising Out of PS. Case No.-323 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
1. Nitish Paswan @ Nitish Ranjan, S/O Naresh Paswan
2. Sachin Kumar, S/O Mukesh Paswan
3. Kailash Paswan, S/O Late Etbari Paswan (Died)
4. Sanoj Kumar, S/O Dinesh Paswan
5. Ranjan Kumar @ Ranjan Paswan, S/O Dinesh Paswan
All are Resident of Village- Jankipur, P.S- Bhagwanpur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate
Mr. Awadhesh Kumar Singh, Advocate
For the Informant : Mr. Ranjit Kumar Thakur, Advocate
For the State : Mr. Rajendra Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 07-05-2026 Heard Mr. Krishna Prasad Singh, learned senior
counsel assisted by Mr. Awadhesh Kumar Singh, learned counse
appearing on behalf of the petitioners; Mr. Ranjit Kumar
Thakur, learned counsel for the informant and Mr. Rajendra
Singh, learned APP for the State.
2. The petitioners no. 1, 2, 4 and 5 seek pre-arrest bail
in connection with Bhagwanpur P.S. Case No. 323 of 2025,
registered for the offence punishable under Sections 191(2),
190, 329(3), 126(2), 115(2), 118(1), 109, 352, 351(2) and 303(2)
of the BNS.
Patna High Court CR. MISC. No.8274 of 2026(4) dt.07-05-2026
2/3
3. As per the allegation made in the FIR, petitioners
along with other co-accused persons, with a common intention
to kill, had assaulted the informant causing injuries on the
different parts of the body.
4. Learned senior counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and they have
falsely been implicated in the present case. General and
omnibus allegation has been levelled against the petitioners.
Both petitioners and informant are co-villager and due to
enmity, the petitioners have been roped in a false case.
Petitioners no. 1, 2, 4 and 5 are student and in absence of any
specific allegation attributed against them and they having clean
antecedent seek to be released on pre-arrest bail.
5. Learned counsel for the informant and learned APP
for the State have vehemently opposed the prayer for grant of
pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties and having perused the allegation made in the FIR,
I find that general and omnibus allegation has been levelled
against the petitioners. Both petitioners and informant are co-
villager and due to enmity, the petitioners have been roped in a
false case. Petitioners are student and they have clean
Patna High Court CR. MISC. No.8274 of 2026(4) dt.07-05-2026
3/3
antecedent. I am of the opinion that petitioners no. 1, 2, 4 and 5
have, prima facie, made out a case to be released on pre-arrest
bail.
7. The petitioners no. 1, 2, 4 and 5, above named, are
directed to be released on pre-arrest bail, in the event of their
arrest or surrender before the learned District Court within a
period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned District Court
where the case is pending, in connection with Bhagwanpur P.S.
Case No. 323 of 2025, subject to the condition as laid down
under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners no. 1, 2, 4 and 5 as
stated in paragraph no. 3 of the bail application. If any other
case is pending against the petitioners no. 1, 2, 4 and 5 as
what has been stated in paragraph no. 3, this order will lose
its force automatically.
(Purnendu Singh, J)
Niraj/-
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