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Patna High Court

Ghanshyam PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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