Patna High Court
Raju Paswan @ Raju Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the conditions specified.
Summary
The petitioners, Raju Paswan and Kamlesh Paswan, sought anticipatory bail after a case was registered against them for allegedly assaulting Amar Kumar with an iron rod, invoking several offences under the Bharatiya Nyaya Sanhita. They contended that they were innocent, the injuries to the victim were minor, and they possessed a clean antecedent. The State and the informant opposed the bail application, arguing the seriousness of the accusations. The Court examined the nature of the alleged offences, the extent of injuries, and the petitioners’ clean record. Considering these factors, the Court granted anticipatory bail, directing that if arrested within eight weeks they be released on a bail‑bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also directed compliance with the Chief Judicial Magistrate of Sasaram.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 3(5), 351(2), 352(3), 74
Subjects
- anticipatory bail
- assault
- clean antecedent
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84068 of 2025
Arising Out of PS. Case No.-219 Year-2025 Thana- NOKHA District- Rohtas
======================================================
1. Raju Paswan @ Raju Kumar Paswan Son of Sabhapati Paswan @ Sabhapati
Ram Resident of Vill.- Chhatouna, P.S.- Nokha, District - Rohtas at Sasaram
2. Kamlesh Paswan @ Kamlesh Kumar Son of Bijra Nand Paswan @
Vrijanand Paswan Resident of Vill.- Chhatouna, P.S.- Nokha, District -
Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate
For the Opposite Party/s : Ms. Rina Sinha, A.P.P.
For the Informant : Mr. Rajani Kant Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioners, informant
and the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 74,
351(2), 352(3), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, these petitioners assaulted
one Amar Kumar by means of iron rod.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. Injuries
sustained by the injured are simple in nature. Petitioners claim
clean antecedent.
5. Learned A.P.P. for the State as well as learned
Patna High Court CR. MISC. No.84068 of 2025(3) dt.20-02-2026
2/2
counsel for the informant vehemently opposed the bail
application.
6. Considering the nature of accusation, injuries and
clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate I,
Sasaram, Rohtas in connection with Nokha P. S. Case No. 219
of 2025, subject to condition as laid down under Section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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