Patna High Court
TUNNI PASWAN @ TONI PASWANversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners applied for anticipatory bail in a case where an FIR (Rahui PS Case No. 553 of 2025) alleged they assaulted the informant's son with an iron rod, causing injuries. The petitioners contended they had not committed the alleged offences and pointed out that they had filed an earlier FIR (Case No. 552 of 2025) against the informant's family, making the present FIR a retaliatory, general, and omnibus allegation. The court noted the prior FIR, the lack of a recorded statement from the injured victim, and the nature of the injuries, finding the allegations insufficient to deny bail. Consequently, the court exercised its power under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bihar Negotiable Security Act, 2023, to grant anticipatory bail. The petitioners were ordered to furnish a bail bond of Rs.10,000 with two sureties if arrested within four weeks.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 CrPC in view of the FIR alleging offences under the Bihar Negotiable Security Act, 2023.
- Whether the existence of a prior FIR filed by the petitioners against the informant's family negates the merit of the present FIR and justifies granting anticipatory bail.
- Whether the nature of the alleged injuries and the absence of a recorded statement from the victim affect the decision on bail.
Legislation cited
- Bihar Negotiable Security Act, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482
- prior FIR
- general allegations
- Bihar criminal law
- injury assessment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8301 of 2026
Arising Out of PS. Case No.-553 Year-2025 Thana- RAHUI District- Nalanda
======================================================
1. TUNNI PASWAN @ TONI PASWAN S/o Late Gyan Paswan Resident of
Village- Sultanpur, Police Station- Rahui, District- Nalanda
2. Rakesh Kumar S/o Sanju Paswan Resident of Village- Sultanpur, Police
Station- Rahui, District- Nalanda
3. Aditya Kumar S/o Bineshar Paswan @ Bindeshwar Paswan Resident of
Village- Sultanpur, Police Station- Rahui, District- Nalanda
4. Bineshar Paswan @ Bindeshwar Paswan S/o Late Gyan Paswan Resident of
Village- Sultanpur, Police Station- Rahui, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary
For the Opposite Party/s : Mr. Uday Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 06-05-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Rahui Police Station Case No. 553 of 2025,
disclosing offences under Sections 190, 191(2), 126(2), 115(2),
109(1), 117(2), 352 of the BNS, 2023.
3. As per the prosecution story, on 15.09.2025 at
about 8:00 PM, while the informant was sitting at her door, the
petitioners, along with other accused persons, total 10 in
numbers, arrived at the door of the informant in drunken state. It
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has further been alleged that all the accused persons started
assaulting Mithilesh Kumar, the son of the informant, with iron
rod, and when Mantu Bind tried to save him, all the persons also
assaulted him with iron rod due to which he sustained injury on
the head.
4. Mr. Nilendu Choudhary, learned counsel for the
petitioners, argued that the petitioners have not committed any
offence in the manner alleged and they have been made accused
on account of the fact that prior to lodging of the present FIR, an
FIR bearing Rahui P.S. Case No. 552 of 2025 has been lodged
by the side of the petitioners against the son of informant and
other family members. The FIR lodged by the side of the
petitioners is prior in time. After lodging of the FIR by the
petitioners' side, i.e. on 16.09.2025, the present FIR has been
lodged on 17.09.2025. The injury sustained by Mantu Bind is
simple in nature. The injury sustained by Mithilesh Kumar is
grievous, but is not on the vital part of the body, and he has
sustained fracture injury on his leg. During course of
investigation, the statement of the injured Mithilesh Kumar has
not been recorded. As per the FIR, altogether 10 persons
assaulted the victim Mithilesh Kumar.
5. Considering the fact that there is a case and
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counter case between the parties, the allegation against the
petitioners is general and omnibus in nature and the FIR lodged
by the side of the petitioners is prior in time, I am inclined to
grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Nalanda at Biharsharif, in connection with Rahui Police Station
Case No. 553 of 2025, subject to the condition laid down under
Section 438 (2) of the Code of Criminal Procedure/Section
482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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