Patna High Court
Bhuneshwar Paswan @ Bhuneshwar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Bhuneshwar Paswan, feared arrest in a case (PS Case No.115/2024) involving multiple offences under the Bharatiya Nyaya Sanhita, including assault, robbery and other violent acts. He contended that the FIR contained only vague, omnibus allegations and that he was falsely implicated, noting that a similar anticipatory bail petition for Pappu Paswan and 15 others had been granted earlier. The State opposed the grant of anticipatory bail. The Court examined whether the allegations were specific enough to deny bail and considered the scope of Section 482(2) of the BNSS. Finding that the petitioner was not individually singled out and that the allegations were general, the Court ordered that he be released on anticipatory bail if arrested within six weeks, subject to a bail bond of Rs.10,000 and two sureties, and the conditions laid down under Section 482(2).
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita given the nature of the allegations in the FIR.
- Whether the FIR contains specific allegations against the petitioner sufficient to deny anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 190, 191(2), 191(3), 303(2), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nyaya Sanhita
- false implication
- criminal procedure
- bail conditions
- violent assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84692 of 2025
Arising Out of PS. Case No.-115 Year-2024 Thana- PAUTHU District- Aurangabad
======================================================
Bhuneshwar Paswan @ Bhuneshwar Kumar S/O Late Chandrma Paswan
Resident of Vill.- Birua, P.S- Pauthu,Dist- Aurangabd
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar
For the Opposite Party/s : Mr.Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-02-2026 1. 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 191(2),
191(3), 190, 115(2), 118(1), 117(2), 303(2), 109, 352 and 351(2)
of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges
that the informant alleges that accused persons came to his
poultry farm variously armed and assaulted him, further
Kaushal and Chandrashekhar assaulted him by an iron rod
causing fracture of left hand while Birbal and Rajdeo started
strangulating him, thereafter, Veerbhagat assaulted his father by
an iron rod causing injury on head, right leg, left hand and feet,
Patna High Court CR. MISC. No.84692 of 2025(2) dt.17-02-2026
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thereafter Devendra assaulted his uncle by rod causing fracture
of left hand, it is next alleged that accused persons also
assaulted his brother, while Pappu fired in air and Indrajeet
snatched his chain worth Rs. 6,000/- and when villagers
gathered on hearing the sound of firing, accused persons fled
and Birbal threatened that poison will be mixed in the pond
killing the fishes.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case with
general and omnibus allegation. It is next submitted that from
perusal of the allegations as alleged in the FIR, it would
manifest that no specific allegation is alleged against the
petitioner and Pappu Paswan along with 15 others had
approached this Court seeking anticipatory bail by filing Cr.
Misc No. 23074 of 2025 and the same came to be allowed by an
order dated 1-5-2025.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
Patna High Court CR. MISC. No.84692 of 2025(2) dt.17-02-2026
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bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Pauthu P.S. Case No. 115 of 2024 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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