Patna High Court
Ghanshyam PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that, having regard to the petitioner’s clean antecedent and the lack of specific evidence, anticipatory bail may be granted to petitioner no.2 under Section 482(2) of the BNSS, and the petition to withdraw the anticipatory bail application for petitioner no.1 was permitted.
Summary
The petitioners Ghanshyam Paswan and Sachidanand Paswan sought relief in a criminal miscellaneous petition. The petitioners requested permission to withdraw the anticipatory bail application filed for Ghanshyam Paswan, who had already been arrested, and also sought anticipatory bail for Sachidanand Paswan, who was apprehended in a case involving offences under Sections 126(2), 127(2), 115(2), 109, 352, 351(2) and 3(5) of the Bihar Narcotic Substances Act, 2023 read with Section 27 of the Arms Act. The petitioners argued that Sachidanand had a clean antecedent, was falsely implicated in a dispute over a passage, and would cooperate with the investigation, while the State opposed the bail. The court, noting the petitioner’s clean record and lack of specific evidence, granted anticipatory bail to Sachidanand Paswan subject to a bail bond of Rs 10,000 with two sureties and a six‑week surrender condition, and allowed the withdrawal of the anticipatory bail application for Ghanshyam Paswan. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to petitioner no.2 despite the serious charges under the BNSS and Arms Act.
- Whether the petition to withdraw the anticipatory bail application for petitioner no.1 is permissible.
- Whether the petitioner is likely to abscond or tamper with evidence.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 127(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- clean antecedent
- false implication
- Arms Act
- Section 27
- Section 482
- Bihar Narcotic Substances Act
- bail bond
- surety
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85945 of 2025
Arising Out of PS. Case No.-110 Year-2025 Thana- MANPUR District- Nalanda
======================================================
1. Ghanshyam Paswan Son of Ramswarath Paswan @ Ram Sowarat Paswan
Resident of Village- Tetrawan, P.S.- Manpur, District- Nalanda
2. Sachidanand Paswan @ Sachitanand S/o Ramswarath Paswan @ Ram
Sowarat Paswan Resident of Village- Tetrawan, P.S.- Manpur, District-
Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-02-2026 1. Heard learned counsel for the petitioners and the
learned APP for the State.
2. The learned counsel for the petitioners, at the
outset, seeks permission to withdraw the anticipatory bail
application with respect to petitioner no. 1 (Ghanshyam
Paswan) who was arrested during pendency of the instant
anticipatory bail application.
3. Permission is accorded.
4. The petitioner no. 2 apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
127(2), 115(2), 109, 352, 351(2) and 3(5) of the BNS, 2023 read
with Section 27 of the Arms Act.
Patna High Court CR. MISC. No.85945 of 2025(2) dt.18-02-2026
2/3
5. Learned counsel for the petitioner submits that
petitioner no. 2 is a person with clean antecedent and the
informant alleges that on account of dispute relating to passage,
the accused persons came and petitioner, Ghanshyam and Ram
Sowarat assaulted him by sword, brick and Kunta while Roop
Chandra fired to disperse the crowd.
6. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that on
account of dispute relating to passage, the occurrence is alleged
to have taken place in both sides assaulted each other. It is also
submitted that though it is alleged that petitioner alng with
Ghanshyam and Ram Sowarat assaulted the informant by
sword, brick and Kunta, but then the informant has suffered
only one injury on head which has been opined to be grievous.
It is next submitted that allegation of assault is not specific and
petitioner is not a criminal. It is also submitted that petitioner
will not abscond rather will cooperate in the investigation to
prove his innocence.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.85945 of 2025(2) dt.18-02-2026
3/3
8. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the fact
that petitioner is a person with clean antecedent, the petitioner
no. 2 above-named, in the event of his arrest or surrender 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 is
pending/successor court in connection with Manpur P.S. Case
No. 110 of 2025 subject to the conditions as laid down under
Section 482 (2) of BNSS.
9. Accordingly, the instant anticipatory bail
application is allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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