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Patna High Court

Yugal PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Yugal Paswan, was charged under Sections 147, 148, 149, 341, 323, 307, 337 and 379 of the Indian Penal Code for allegedly assaulting the husband of the informant with lathi and iron rods, following an earlier incident where the informant’s husband, a driver, had negligently trampled a child. The petitioner applied for regular bail, contending that the FIR’s allegations were vague, that several co‑accused had already been granted anticipatory bail in similar cases (Cr. Misc. Nos. 761 of 2019 and 15546 of 2019), and that he had been in judicial custody since 14‑08‑2025. The State opposed the bail, highlighting the seriousness of the offences and the petitioner’s three prior criminal cases. After considering the nature of the allegations, the petitioner’s custody status, and the precedent of anticipatory bail to similarly situated accused, the Court decided to grant bail. The petitioner was ordered to be released on a bail bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the learned Additional Chief Judicial Magistrate‑II, Nalanda.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with serious offences under the IPC and having prior criminal antecedents.

Legislation cited

Subjects

  • regular bail
  • anticipatory bail
  • IPC offences
  • criminal antecedent
  • judicial custody
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85421 of 2025
                       Arising Out of PS. Case No.-100 Year-2018 Thana- MANPUR District- Nalanda
                 ======================================================
                 Yugal Paswan S/o Rajo Paswan R/o Village- Gongari Par, P.S- Manpur, Dist-
                 Nalanda
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raj Kishor Prasad, Advocate
                 For the Opposite Party/s :       Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 147, 148,

                   149, 341, 323, 307, 337 and 379 of the Indian Penal Code.

                                3. The case of the prosecution, in short, is that the

                   informant is the wife of the driver who had earlier trample down

                   a child because of his negligent driving and that he was

                   assaulted at the hands of petitioner and others.

                                4. Learned counsel for the petitioner submits that

                   nature of allegation is general and omnibus. Learned counsel for

                   the petitioner has submitted that from perusal of the FIR itself it

                   is clear that number of accused persons is certain named persons

                   and 40-5- unknown persons who have assaulted with lathi and

                   iron rod to the husband of the informant. It has further been
            Patna High Court CR. MISC. No.85421 of 2025(2) dt.12-01-2026
                                                        2/2




                      submitted that other similarly situated accused persons have

                      been granted anticipatory bail by learned Co-ordinate Benches

                      vide Cr. Misc. Nos. 761 of 2019 and 15546 of 2019. Learned

                      counsel for the petitioner has submitted that the petitioner is in

                      judicial custody since 14.08.2025.

                                   5. Learned Additional Prosecutor for the State has

                      vehemently opposed the bail application of the petitioner and

                      has submitted that the petitioner is having criminal antecedent

                      of three cases.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Manpur P.S. Case No. 100 of 2018 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      A.C.J.M.-II, Nalanda at Biharsharif.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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