Patna High Court
Maran Paswan @ Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to anticipatory bail on furnishing a bail bond and sureties, subject to conditions under Section 482(2) of the BNSS.
Summary
Maran Paswan applied for anticipatory bail after being implicated in a case alleging offences under Sections 126(2), 115(2), 117(2), 109, 303(2), 352, 351(2) and 3(5) of the BNS, 2023. He asserted a clean antecedent, claimed the allegations were false and stemmed from a neighbourly dispute, and argued that the case was a retaliatory filing. The State opposed the bail. The court examined the submissions, noted the possibility of false implication and the petitioner’s lack of prior criminal record, and considered the discretion under Section 482(2) of the BNSS. It ordered that anticipatory bail be granted on the condition of a Rs.10,000 bail bond and two sureties of equal amount, subject to the trial court’s satisfaction. The application was allowed, releasing the petitioner from arrest for six weeks pending trial.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the serious nature of the offences alleged.
- Whether the allegations constitute false implication warranting bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are sufficient.
Legislation cited
Subjects
- anticipatory bail
- false implication
- Section 482
- bail conditions
- Bihar criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85875 of 2025
Arising Out of PS. Case No.-152 Year-2025 Thana- BEERPUR District- Begusarai
======================================================
Maran Paswan @ Vivek Kumar S/O Koko Paswan @ Yougendra Paswan R/O
Village- Sahuri ward No. 5, P.S- Birpur, Dist.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Randhir Kumar No 1, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 117(2), 109, 303(2), 352, 351(2) and 3(5) of the BNS,
2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that on 15.07.2025 at 08:45 PM, the petitioner was
abusing his father in a drunken condition, on objection, he
assaulted his father, thereafter assaulted the informant by lathi
causing injury on head, thereafter Koko assaulted Mukendra by
lathi causing injury on head and Gola injured Rabhuvansh who
suffered injury on back and eye and took out Rs. 2,000/-.
Patna High Court CR. MISC. No.85875 of 2025(2) dt.03-02-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant, it is next submitted that though it is alleged that
petitioner, in a drunken condition assaulted his father and the
informant, but then the case is not instituted under the excise
act. It is further submitted that petitioner and the informant are
neighbours and on account of dispute relating to parking of
bike, an altercation took place in which both sides assaulted
each other. It is further submitted that from side of the
petitioner, Birpur P.S. Case No. 151 of 2025 came to be
instituted against the informant and his side, as such, the instant
case is a counterblast. It is also submitted that petitioner is not a
criminal.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
Patna High Court CR. MISC. No.85875 of 2025(2) dt.03-02-2026
3/3
is pending/successor court in connection with Birpur P.S. Case
No. 152 of 2025 subject to the conditions as laid down under
Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…