Patna High Court
Surendra Paswan @ Sulo PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions.
Summary
Surendra Paswan applied for anticipatory bail after learning that a case had been registered against him under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita. The FIR, filed by an informant, alleged that co‑accused Shivam Kumar and Sonu Kumar had kidnapped the informant's minor daughter and that the informant was abused when she visited Shivam Kumar's house. The petitioner’s name does not appear in the FIR; it only emerged later in the victim’s statement recorded under Section 183 of the Bharatiya Nyaya Sanhita, and the victim made no allegation against him. The informant opposed the bail, but the court considered the nature of the accusation and the victim’s statement and granted anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner when he is not named in the FIR and the victim’s statement contains no allegation against him
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 137(2), 183, 3(5), 96
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 183
- Section 482
- FIR
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84560 of 2025
Arising Out of PS. Case No.-165 Year-2025 Thana- Lakho District- Begusarai
======================================================
Surendra Paswan @ Sulo Paswan S/o Late Sato Paswan @ Late Satto Paswan
R/o Village - Azad Nagar, Kasimpur, Ward No. 4, Panchayat Bahadarpur, P.S
- Lakho, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, A.P.P.
For the Informant : Mr. Shreekant Vaidya, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 17-03-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P. for the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 137(2), 96, 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per F.I.R. informant alleges that co-accused
Shivam Kumar and Sonu Kumar kidnapped her minor daughter
and when she went to the house of co-accused Shivam Kumar to
enquire, she was abused and ousted from the house.
4. Learned counsel appearing for the petitioner
submits that petitioner is innocent and has committed no
offence. Petitioner is not named in the F.I.R. and his name
transpired during investigation in the statement of victim,
Patna High Court CR. MISC. No.84560 of 2025(5) dt.17-03-2026
2/2
recorded under Section 183 BNSS, wherein she stated that she
stayed at Ballia along with co-accused Shivam Kumar and this
petitioner was not allowing her to come, and finally took her to
Lakho police station. Victim has not alleged anything against
the petitioner and there is absolutely no allegation of any wrong
doing against him.
5. Learned counsel for the informant vehemently
opposed the bail application.
6. Considering the nature of accusation and statement
of the victim recorded under Section 183 BNSS, this
anticipatory bail is allowed and it is ordered that the above
named petitioner in the event of his 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) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate, 1st Class, Begusarai
in connection with Lakho P. S. Case No. 165 of 2025, subject to
condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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