Patna High Court
Ashok PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioner is entitled to bail as there is no specific allegation of an overt act against him, and bail is granted subject to conditions under Section 482.
Summary
The petitioner, Ashok Paswan, sought bail fearing arrest in a case registered under multiple sections of the Bhartiya Nyaya Sanhita. He contended that the FIR only specifically accused co‑accused Vicky Kumar of assault with a sword, while Paswan was merely alleged to have been present at the scene with no overt act attributed to him. The State opposed the bail application. The court examined the allegations and noted the absence of any specific charge of an overt act against the petitioner. Relying on the principles of bail and the discretion under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, the court ordered that bail be granted upon surrender within eight weeks, subject to a bail bond and sureties. The order thus allows the petitioner to be released on bail under the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to bail when the FIR only alleges his presence at the scene without an overt act.
- Whether the allegations under Sections 318(4), 118(1), 118(2), 109, 61(2), 3(5) of the Bhartiya Nyaya Sanhita justify denial of bail.
- Whether the court can exercise its inherent powers under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 to grant bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 109, 118(1), 118(2), 318(4), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- Section 482 inherent powers
- presence at scene
- no overt act
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8498 of 2026
Arising Out of PS. Case No.-175 Year-2025 Thana- Lakho District- Begusarai
======================================================
Ashok Paswan S/o Ram Bilash Paswan @ Bilash Paswan R/o Bishnupur
Bachanulal Tola, P.S.- Town, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aditya Kumar
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 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 offence under Sections 318(4), 118(1), 118(2),
109, 61(2), 3(5) of the Bhartiya Nyaya Sanhita.
3. Learned counsel for the petitioners submits that
from perusal of F.I.R., it is apparent that specific accusation of
assault with sword is against co-accused Vicky Kumar. So far as
this petitioner is concerned, he is only alleged to be present at
the place of occurrence and there is no allegation of overt act
against him.
4. Learned A.P.P. for the State has opposed the bail
petition.
5. In the facts and circumstances of the case, let the
Patna High Court CR. MISC. No.8498 of 2026(2) dt.23-02-2026
2/2
above named petitioner, in the event of arrest/surrender 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. 175 of 2025, subject to condition as laid
down under Section 482 of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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