Patna High Court
Gaurav Kumar Paswan @ Gaurav KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted pre‑arrest bail to the petitioners subject to specified conditions.
Summary
The petitioners, Gaurav Kumar Paswan and Shiv Ji Kumar Paswan, sought pre‑arrest bail in connection with a criminal case (Bachhawara PS Case No. 32 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault and intimidation. They contended that the FIR was lodged five days after the alleged incident without explanation and that there was no injury report for the informant’s son, who was purportedly assaulted. The State opposed bail, arguing that the petitioners had brutally assaulted the informant and her son. The Court noted the delay in filing the FIR, the absence of an injury report, and the petitioners’ clean antecedents, and consequently ordered that they be released on bail subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The bail order required a bond of Rs.10,000 with two sureties and imposed conditions to prevent intimidation of witnesses.
Issues considered
- Whether the delay in lodging the FIR warrants denial of pre‑arrest bail.
- Whether the lack of an injury report against the informant’s son affects the merit of the bail application.
- Whether the petitioners’ antecedent and the nature of the alleged offences justify granting bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 3(5), 352
Subjects
- bail
- pre‑arrest bail
- FIR delay
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85469 of 2025
Arising Out of PS. Case No.-32 Year-2025 Thana- BACHHWARA District- Begusarai
======================================================
1. Gaurav Kumar Paswan @ Gaurav Kumar S/O Shankar Paswan R/O Village-
Narepur Diyara, P.S- Bachhawara, Distt.- Begusarai.
2. Shiv Ji Kumar Paswan @ Shivji Kumar S/o- Shankar Paswan R/O Village-
Narepur Diyara, P.S- Bachhawara, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv.
For the Opposite Party/s : Mr. Harendra Prasad, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 06-01-2026 Heard learned Advocate appearing on behalf of the
petitioners and the learned Additional Public Prosecutor for the
State.
2. The petitioners are apprehending their arrest in
connection with Bachhawara P.S. Case No. 32 of 2025,
registered for the offences punishable under Sections 126(2),
115(2), 352, 117(2), 109 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. In course of pacifying the children who were
quarreling, it is alleged that petitioners alongwith others started
abusing the informant and when the son of the informant came
to her rescue, the petitioner no. 1 assaulted him by means of iron
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rod over his head. Besides it is alleged that co-accused Suraj
Paswan assaulted the informant by means of khanti, due to
which the informant got a fracture injury in his hand. There is
further allegation against petitioner no. 2 alongwith other co-
accused persons of causing assault by means of lathi and danda.
4. Learned Advocate appearing on behalf of the
petitioners referring to the FIR contended that the alleged
occurrence took place on 29.01.2025 and the present FIR came
to be instituted on 03.02.2025 without there being any
explanation for delay in institution of the FIR. So far the injury
which is allegedly sustained to the informant’s son is concerned,
the same stands falsified for the reason that during the course of
investigation when the statement of the informant’s son was
recorded, he does not whisper about any assault being made to
him. The impugned order also does not talk about any alleged
injury sustained to the informant’s son and this fact also fortified
the afore-noted submission. So far the injury which is received
by the informant and found to be grievous in nature is attributed
to co-accused Suraj Paswan, who is not before this Court. The
petitioners are men of fair antecedent and they undertake before
this Court that they will fully cooperate in the proceeding of the
Court.
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5. On the other hand, learned Advocate for the State
vehemently opposed the pre-arrest bail application and submits that
the petitioners have brutally assaulted the informant and her son.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the absence of any injury report of the informant’s son or any
discussion of the same in the impugned order, besides the delay
in lodging of the FIR as well as the fair antecedent of the
petitioners, let the petitioners above named be released on bail,
in the event of their arrest or surrender before the court below
within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
bonds of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Begusarai in connection with Bachhawara P.S. Case
No. 32 of 2025, subject to the conditions laid down in Section
482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with
further following conditions:-
(i) One of the bailors shall be the own/close family
members of the petitioners.
(ii) If the petitioners are found indulged in
intimidating or threatening the informant and the witnesses, they
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shall be at liberty to file cancellation of their bail bonds.
(Harish Kumar, J)
supratim/-
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