Patna High Court
Lalo PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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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
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