Patna High Court
Aabit Kumar @ Aabit PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that anticipatory bail may be granted under Section 438 CrPC and Section 482(2) BNS, 2023, subject to stringent conditions, as the allegations do not preclude bail.
Summary
The petitioners, Aabit Kumar and Satish Kumar, sought anticipatory bail fearing arrest in a case (Chandradeep P.S. Case No.208/2024) involving multiple offences such as assault and criminal intimidation under the BNS, 2023. The FIR alleged that the petitioners, acting on instructions from their father Ramji Paswan, assaulted the informant Rajesh Paswan and his family members, causing injuries of varying severity. The petitioners contended that the allegations were fabricated, the injuries were simple or not on vital parts, and that the case was a counter‑blast to another FIR. The State opposed bail, emphasizing the specific allegations and the petitioners’ criminal antecedents. The Court, applying Section 438(2) of the CrPC and Section 482(2) of the BNS, 2023, granted anticipatory bail subject to a Rs 10,000 bond, two sureties, and conditions regarding cooperation, presence, and non‑tampering with evidence, while allowing verification of antecedents. The order directs that bail may be cancelled if conditions are breached.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite allegations of assault and related offences under the BNS, 2023.
- Whether the nature of the alleged injuries and the petitioners’ criminal antecedents justify denial of bail.
- Whether the court may impose conditions under Section 438 CrPC and Section 482(2) BNS, 2023 while granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- assault
- Section 438 CrPC
- Section 482 BNS
- criminal antecedent
- Bihar
- FIR
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 84490 of 2025
Arising Out of PS. Case No.-208 Year-2024 Thana- CHANDRADIP District- Jamui
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1. Aabit Kumar @ Aabit Paswan Son of Ramji Paswan Resident of Village -
Palsa Buzurg, P.O. - Artha, P.S. - Chandradeep, Dist. - Jamui.
2. Satish Kumar @ Satish Paswan Son of Ramji Paswan Resident of Village -
Palsa Buzurg, P.O. - Artha, P.S. - Chandradeep, Dist. - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anand Kishore Sinha, Advocate
For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 09-01-2026 Heard Mr.Anand Kishore Sinha, learned counsel for
the petitioners and Mr.Anand Kishore Choudhary, learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Chandradeep P.S.Case No.208 of 2024, FIR
dated 24.10.2024 registered for the offences punishable under
Sections 191(2), 126(2), 190, 115(1), 118(1), 117(2), 109,
329(3), 352 and 351(2) of BNS, 2023.
3. The prosecution case as stated in the FIR is that on
dated 23.10.2024 at about 6 P.M., the informant Rajesh Paswan
was sitting alongwith his family at home, suddenly, the accused
Ramji Paswan came at his house with family members and
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started using abusive and filthy language to the informant and
their family member. The accused Ramji Paswan instructed to
his son's to kill the family members of the informant. As a result
of which, Rohit Paswan has assaulted with Tangi on the head of
the informant due to which he sustained injury on his head and
he fell down. It was also stated that Aabit Paswan had assaulted
with Khanti due to which informants left leg finger was
damaged. Meanwhile, the informant's brother came to save him
but Satish Paswan assaulted to his brother due to which his hand
finger was damaged. Besides it, Dhanwanti Devi has assaulted
with Lathi to the informant's mother and his wife.
4. Learned counsel for the petitioners submits that the
present case is counter blast of Chandradeep P.S.Case
No.207/2024. The allegation as alleged in the FIR is false and
fabricated. Allegation against petitioner No.1 is that he assaulted
to the informant by means of Khanti to the informant due to
which his left leg finger was damaged and allegation against
petitioner No.2 is that he assaulted to the brother of the
informant due to which his hand finger was damaged. Learned
counsel for the petitioner submits that the injury inflicted upon
the informant is simple in nature and so far as injury report of
the brother of the informant is concerned that the injury is
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grievous in nature but the same is not on the vital part of the
body rather the injury is on the right hand of the brother of the
informant.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for anticipatory bail of the
petitioners and submits that there is direct and specific
allegation against the petitioners that they assaulted to the
informant and his brother. Further submits that petitioner No.1
carries one more case other than the present one but fairly
submits that the petitioner is on bail in the said case, as
mentioned in para-3 of the bail petition. Petitioner No.2 has
clean antecedent.
6. Considering the aforesaid facts, let the petitioners,
above named, in the event of their arrest or surrender before the
court below within a period of thirty days from the date of
receipt of the order, be released 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 learned A.C.J.M.-I, Jamui in
connection with Chandradeep P.S.Case No.208 of 2024, subject
to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with
other following conditions:-
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(I) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on their absence on two consecutive dates without sufficient
reason, their bail bonds shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
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