Created by Fuzzy Cloud

Patna High Court

Surendra Paswan @ Sulo PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.