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Patna High Court

Lalo PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners subject to bond and surety conditions.

Summary

The petitioners, four members of the Paswan family, applied for anticipatory bail after an FIR alleged that they were among fifteen accused who assaulted an informant and his family on 7 May 2026. The FIR specifically implicated co‑accused Shankar Paswan for the assault, while the petitioners contended that no overt act was alleged against them and they have clean antecedents. The State opposed the bail application, citing the numerous offences listed under the Bhartiya Nyaya Sanhita. The Court examined the nature of the injuries (simple) and the absence of specific allegations against the petitioners, and invoked Section 482 of the B.N.S.S. to grant anticipatory bail. The order directed that, if arrested within eight weeks, each petitioner be released on a bail bond of Rs 10,000 with two sureties, subject to the conditions prescribed by the Court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bhartiya Nyaya Sanhita given the lack of specific allegation against them
  • Whether the nature of the alleged injuries and the petitioners' clean antecedent justify the grant of anticipatory bail

Legislation cited

  • Bhartiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 127(2), 303(2), 329(3), 329(4), 3(5), 351(2), 352, 482, 74

Subjects

  • anticipatory bail
  • criminal procedure
  • Section 482
  • Bhartiya Nyaya Sanhita
  • clean antecedent
  • assault
  • FIR
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8504 of 2026
                   Arising Out of PS. Case No.-173 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
           1.     Lalo Paswan S/o Late Jageshwar Paswan R/o Village - Mustafapur, Ward
                  No. 10, P.S - Bibhutipur, District - Samastipur
           2.    Dinesh Paswan S/o Shankar Paswan R/o Village - Mustafapur, Ward No. 10,
                 P.S - Bibhutipur, District - Samastipur
           3.    Vikash Paswan S/o Bijli Paswan R/o Village - Mustafapur, Ward No. 10, P.S
                 - Bibhutipur, District - Samastipur
           4.    Rajesh Paswan @ Rakesh Kumar Paswan S/o Lalo Paswan R/o Village -
                 Mustafapur, Ward No. 10, P.S - Bibhutipur, District - Samastipur


                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raja Ram Mishra
                 For the Opposite Party/s :       Mrs.Pushpa Sinha
                 ======================================================
                 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 329(3), 329(4), 126(2),

                   127(2), 115(2), 118(1), 117(2), 74, 109, 303(2), 352, 351(2) and

                   3(5) of the Bhartiya Nyaya Sanhita.

                                3. As per F.I.R., on 07.05.202 at about 8 PM, all the

                   15 named accused persons, including these petitioners, came at

                   the door of informant and started abusing him and on protest,

                   co-accused Shankar Paswan assaulted on the head of informant
Patna High Court CR. MISC. No.8504 of 2026(2) dt.23-02-2026
                                            2/3




          with spade, causing grievous injury to informant. It is further

          alleged that when other family members came for rescue, they

          were also assaulted by accused persons. Accused persons also

          snatched gold Mangalsutra from the neck of female members

          of informant’s side.

                       4. Learned counsel for the petitioners submits that

          specific accusation of assault is against co-accused Shankar

          Paswan. So far as these petitioners are concerned, there is no

          specific allegation of overt act against them. Injuries, caused by

          these 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, the prayer for anticipatory bail of petitioners is

          allowed.

                       7. Accordingly, 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 S.D.J.M., Rosera,

          Samastipur in connection with Bibhutipur P.S. Case No. 173 of
           Patna High Court CR. MISC. No.8504 of 2026(2) dt.23-02-2026
                                                       3/3




                     2025, G.R. No. 507 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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