Patna High Court
Neeraj Kumar @ Neeraj PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond and conditions under Section 482(2).
Summary
Neeraj Kumar applied for anticipatory bail after being implicated in a case alleging assault, rioting, and illegal possession of arms under several sections of the Bharatiya Nyaya Sanhita and the Arms Act. The prosecution alleged that Kumar, along with co‑accused, assaulted an informant and his brothers, and that a co‑accused fired at the informant. The petitioner contended that the allegations were vague, that no specific overt act was ascribed to him, and that he had no prior criminal record. The State opposed the bail, arguing the seriousness of the charges. The Court, considering the nature of the accusations and the minor injuries reported, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the serious nature of the charges under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the allegations against the petitioner constitute a specific overt act sufficient to deny bail.
- Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita can be imposed on the anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8540 of 2026
Arising Out of PS. Case No.-89 Year-2025 Thana- KARPURIGRAM District- Samastipur
======================================================
Neeraj Kumar @ Neeraj Paswan Son of Anupi Paswan @ Mantu Paswan
Resident of Village- Nirpur, P.S.- Karpurigram, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 351(2),
352, 109(1), 3(5) of the Bharatiya Nyaya Sanhita and Section 27
of the Arms Act.
3. Prosecution case, in brief, is that on 18.08.2025 at
about 7:30 PM, informant received information that his brothers
were being assaulted. Upon reaching the place of occurrence,
informant saw that all the F.I.R. named accused persons,
including this petitioner, were abusing and assaulting his
brothers and when informant tried to save them, he was also
assaulted by means of bamboo stick. It is further alleged that on
the order of co-accused Prabhat Sahni, one co-accused fired
upon the informant.
Patna High Court CR. MISC. No.8540 of 2026(2) dt.23-02-2026
2/2
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Allegation
of assault is general and omnibus and there is no allegation of
any specific overt act against petitioner. Allegation of firing is
against other co-accused person. Injuries sustained by the
injured are simple in nature. Petitioner has got no criminal
antecedent of similar nature.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and injuries, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below 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 Judicial Magistrate, 1st Class,
Samastipur in connection with Karpurigram P. S. Case No. 89 of
2025, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
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