Patna High Court
Lakhindra PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner.
Summary
The petitioner, Lakhindra Paswan, sought anticipatory bail fearing arrest in a case registered under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita for alleged kidnapping and assault of a complainant's daughter. The prosecution’s case was based on the informant’s allegation that the petitioner, along with others, abducted her daughter and later assaulted her. The petitioner argued that he is innocent, was implicated only because he is the father of a co‑accused, that the FIR was lodged after an unreasonable 32‑day delay, and that he has clean antecedents, citing parity with co‑accused Manju Devi who had already been granted anticipatory bail. The State opposed the bail. Considering the delay, the petitioner’s clean record, and the principle of parity, the Court allowed anticipatory bail subject to a bail bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the 32‑day delay in filing the FIR and the petitioner’s clean antecedents justify the grant of anticipatory bail.
- Whether parity with a co‑accused who was previously granted anticipatory bail warrants a similar relief.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 137(2), 3(5), 96
Subjects
- anticipatory bail
- kidnapping
- delay in FIR
- clean antecedents
- parity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83860 of 2025
Arising Out of PS. Case No.-4 Year-2025 Thana- SARAIYA District- Muzaffarpur
======================================================
Lakhindra Paswan S/O Late Harihar Paswan Resident of Village- Saraiya
Factory, P.S.- Saraiya, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Bipin Chandra
For the Opposite Party/s : Mr.Dr. Ajeet Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 137(2), 96
and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, informant, namely
Urmila Devi, alleged that on 30.11.2024, her daughter went to
attend class but did not return home. During search, informant
came to know that all the F.I.R. named accused persons,
including this petitioner, kidnapped her daughter. It is further
alleged that when informant went to the house of the accused
persons then all the accused persons abused and assaulted her.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.83860 of 2025(2) dt.09-02-2026
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petitioner is innocent and has committed no offence. Petitioner
has been made accused in this case merely because he happens
to be father of co-accused Ratan Kumar against whom there is
specific accusation of kidnapping the daughter of informant.
Moreover, the present F.I.R. has been lodged after inordinate
delay of 32 days for which there is no plausible explanation
which itself creates doubt over the entire prosecution case. It is
further submitted that co-accused Manju Devi, having similar
and identical allegations, has already been granted the privilege
of anticipatory bail by this Hon’ble Court vide order dated
22.07.2025 passed in Cr. Misc. No. 27943 of 2025. Petitioner
claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, claim based on
parity and clean antecedents of the petitioner, the prayer for
grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.83860 of 2025(2) dt.09-02-2026
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10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M.-IV, Muzaffarpur
(West) in connection with Saraiya P.S. Case No. 04 of 2025,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
shashank/-
U T
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