Patna High Court
Bhola PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court held that bail should be granted to petitioner No.3 subject to the stipulated conditions.
Summary
The petitioners sought bail for Sunil Paswan (petitioner No.3) who was implicated in a case involving assault on an informant and her mother‑in‑law under several sections of the Bharatiya Nagrik Suraksha Sanhita. The petitioner argued that the incident arose from a trivial dispute over garbage, that the injuries were simple, and that he had no criminal antecedents. The State opposed bail, contending that the injuries indicated active participation by the petitioner. The court examined the nature of the injuries, the petitioner’s clean record, and the familial relationship among the parties, and found the allegations to be of a minor nature. Accordingly, the court granted bail on the condition of a Rs.10,000 bond with two sureties, one of whom must be a close family member, and directed surrender within four weeks.
Issues considered
- Whether bail should be granted to petitioner No.3 under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 despite the alleged assault charges
- Whether the nature of the injuries and the petitioner’s antecedents justify denial of bail
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nagrik Suraksha Sanhita
- simple injury
- family surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83578 of 2025
Arising Out of PS. Case No.-202 Year-2025 Thana- KHANPURA District- Samastipur
======================================================
1. Bhola Paswan Son of Gango Paswan R/o Village - Dinmanpur, P.S. -
Khanpur, Distt. - Samastipur.
2. Gango Paswan Sukhan Paswan vill dimanpur ps khanpur dist samastipur
3. Sunil Paswan Son of Gango Paswan R/o Village - Dinmanpur, P.S. -
Khanpur, Distt. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey
For the Opposite Party/s : Mr.Ajay Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 05-01-2026 Heard the parties.
2. At the outset, learned Advocate for the petitioners
submits that during the pendency of the present application, the
petitioner Nos. 1 and 2 have been arrested and, as such, he seeks
permission to withdraw the application on their behalf.
3. Permission is accorded.
4. The petitioner No. 3 apprehends his arrest in
connection with Khanpur P.S. Case No. 202 of 2025, registered
for the offences punishable under Sections 126(2), 115(2), 74,
118(1), 109, 303(2), 352, 351(2), 3(5) of the BNS.
5. The allegation against the petitioners is of causing
assault to the informant and her mother-in-law by means of
Patna High Court CR. MISC. No.83578 of 2025(2) dt.05-01-2026
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sword due to which they sustained serious injuries, besides the
allegation against other co-accused persons of causing assault
and outraging the modesty of the informant and others.
6. Learned Advocate for the petitioner submitted that
the parties are agnates and the reason for the alleged occurrence
is nothing but a trifle on account of throwing of garbage. The
petitioner No. 3 is not a man of criminal antecedent. However,
on account of some scuffle took place between the parties, it
resulted into some unfortunate injuries to the informant and her
mother-in-law; however, the same have been found to be simple
in nature. The petitioner No. 3 undertakes that he will fully
cooperate in the proceeding of the court and would not indulge
in such occurrence in future.
7. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that the
corresponding injuries to the informant alleged against the
petitioner No. 3 clearly suggest his active participation.
8. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the genesis of occurrence, coupled with the simple nature of
injury and the fair antecedent of the petitioner No. 3, let the
petitioner No. 3 abovenamed be released on bail, in the event of
Patna High Court CR. MISC. No.83578 of 2025(2) dt.05-01-2026
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his arrest or surrender before the court below within a period of
four weeks from the date of receipt/production of a copy of this
order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate 1st Class, Samastipur in
connection with Khanpur P.S. Case No. 202 of 2025, subject to
the conditions laid down in Section 482(2) of the Bharatiya
Nagrik Suraksha Sanhita, 2023, with the further condition that
one of the bailors shall be the own/close family members of the
petitioner No. 3.
(Harish Kumar, J)
Anjani/-
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