Patna High Court

Gauri Shankar PaswanversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that, given the petitioners' clean antecedent and the relatively minor nature of the alleged injuries, anticipatory bail is warranted under Section 482 of the Bhartiya Nyaya Sanhita, 2023.

Summary

The petitioners, members of the Paswan family, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bhartiya Nyaya Sanhita for alleged assault, attempt to outrage modesty, and theft of a gold mangalsutra. They claimed innocence, alleging the charges were a retaliatory move linked to a prior case they had filed. The State opposed the bail, arguing the seriousness of the offences. The court considered the nature of the alleged injuries, the petitioners' clean antecedent, and the principle of bail under Section 482 of the B.N.S.S., 2023. It ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 each with two sureties, subject to the conditions of Section 482. The order effectively granted anticipatory bail while ensuring compliance with procedural safeguards.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 482 of the Bhartiya Nyaya Sanhita, 2023.
Whether the alleged offences warrant denial of anticipatory bail.
Whether the petitioners' clean antecedent and the nature of injuries justify granting bail.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 127(1), 303(2), 3(5), 351(1), 352, 482, 74

Subjects

anticipatory bail
Section 482
Bhartiya Nyaya Sanhita
assault
outrage of modesty
theft
clean antecedent
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8494 of 2026
                        Arising Out of PS. Case No.-99 Year-2025 Thana- CHAKAND District- Gaya
                 ======================================================
           1.     Gauri Shankar Paswan S/o Mahbu Paswan R/o Village - Rahim Bigha, P.S -
                  Chakand, District - Gaya
           2.    Bhushan Paswan S/o Mahbu Paswan R/o Village - Rahim Bigha, P.S -
                 Chakand, District - Gaya
           3.    Uttam Kumar S/o Gauri Shankar Paswan R/o Village - Rahim Bigha, P.S -
                 Chakand, District - Gaya
           4.    Ramshila Devi W/o Gauri Shankar Paswan R/o Village - Rahim Bigha, P.S -
                 Chakand, District - Gaya
           5.    Saloni Devi @ Saloni Kumari D/o Gauri Shankar Paswan R/o Village -
                 Rahim Bigha, P.S - Chakand, District - Gaya
           6.     Rabina Devi W/o Bhushan Paswan R/o Village - Rahim Bigha, P.S -
                  Chakand, District - Gaya
                                                                      ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mrigendra Kumar
                 For the Opposite Party/s :       Mr.Satya Nand Shukla
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 127(1), 115(2), 117(2),

                   74, 109, 303(2), 352, 351(1) and 3(5) of the Bhartiya Nyaya

                   Sanhita.

                                3. Allegation against petitioners is that they along

                   with one co-accused Suraj Kumar entered the house of

                   informant and thereafter, assaulted her and her husband. It is

                   further alleged that they also tried to outrage the modesty of
           Patna High Court CR. MISC. No.8494 of 2026(2) dt.23-02-2026
                                                       2/2




                     informant by disrobing her and snatched gold Mangalsutra.

                                  4. Learned counsel for the petitioners submits that

                     petitioners are quite innocent and have committed no offence.

                     Present case is counter blast of Chakand P.S. Case No. 98 of

                     2025, lodged by petitioner no. 4 against informant’s side.

                     Allegation of assault is general and omnibus. Injuries, caused by

                     petitioners, are simple in nature. Petitioners claim clean

                     antecedent.

                                  5. Learned A.P.P. for the State has opposed the prayer

                     for anticipatory bail.

                                  6. Considering the nature of injury and clean

                     antecedent, in the event of arrest/surrender within a period of

                     eight weeks from today, let the above named petitioners 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 learned A.C.J.M. - V, Gaya in connection with

                     Chakand P.S. Case No. 99 of 2025, subject to condition as laid

                     down under Section 482 of the B.N.S.S., 2023.



                                            (Prabhat Kumar Singh, J)
Anay

U      T

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