Patna High Court

Devendra PaswanversusThe State of Bihar

Decided: 7 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioners subject to the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Four residents of Sarsaula Khurd petitioned the Patna High Court seeking anticipatory bail after an FIR was lodged alleging they participated in an assault on an informant's group to dispossess them of land, citing offences under the Bharatiya Nyaya Sanhita. The petitioners argued they were innocent, that the allegations were vague and no specific overt act was attributed to them, and highlighted their clean antecedent. The State and the informant opposed the bail application. The Court, considering the nature of the accusation, the presence of a counter‑case, and the petitioners' clean record, granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties each and a condition under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directed that if arrested within eight weeks, the petitioners be released on bail upon compliance with the stipulated conditions.

Issues considered

Whether anticipatory bail should be granted to the petitioners under the provisions of the Bharatiya Nagarik Suraksha Sanhita in view of the allegations in the FIR
Whether the FIR contains specific allegations of overt acts against the petitioners sufficient to deny bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 126(2), 190, 191(2), 191(3), 351(3), 352

Subjects

anticipatory bail
criminal procedure
assault
land dispossession
clean antecedent
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
Section 482
bail bond
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85993 of 2025
                      Arising Out of PS. Case No.-361 Year-2025 Thana- SHEOHAR District- Sheohar
                 ======================================================
           1.     Devendra Paswan S/O Late Chhathu Paswan R/o Village- Sarsaula Khurd,
                  P.S. Sheohar, District - Sheohar
           2.    Rohit Paswan Son of Asharfi Paswan R/o Village- Sarsaula Khurd, P.S.
                 Sheohar, District - Sheohar
           3.    Jai Ram Paswan Son of Late Ramdhari Paswan @ Ramdhani Paswan R/o
                 Village- Sarsaula Khurd, P.S. Sheohar, District - Sheohar
           4.    Saheb Kumar @ Saheb Paswan Son of Asharfi Paswan R/o Village- Sarsaula
                 Khurd, P.S. Sheohar, District - Sheohar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Lokesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shantanu Kumar, A.P.P.
                 For the Informant        :       Mr. Mahendra Thakur, Mr. Krishna Prabhat, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-01-2026                   Heard learned counsel for the petitioners, informant

                   and the State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 190, 191(2), 191(3),

                   115(2), 117(2), 126(2), 109(1), 351(3), 352 of the Bharatiya

                   Nyaya Sanhita.

                                3. As per F.I.R., 17 named including these petitioners

                   and 15-20 unknown persons assaulted informant’s side to

                   forcibly dispossess them from their land, resulting in injuries to

                   several persons.
            Patna High Court CR. MISC. No.85993 of 2025(2) dt.07-01-2026
                                                        2/2




                                   4. Learned counsel for the petitioners submits that

                      petitioners are innocent and have committed no offence.

                      Allegation of assault is general and omnibus and there is no

                      specific allegation of overt act against these petitioners. Case

                      and counter case. Petitioners claim clean antecedent.

                                   5. Learned A.P.P. for the State as well as learned

                      counsel for the informant vehemently opposed the bail

                      application.

                                   6. Considering the nature of accusation, case and

                      counter case and clean antecedent, this anticipatory bail is

                      allowed and it is ordered that let the above named petitioners in

                      the event of their arrest/surrender before the court below within

                      a period of eight weeks from today, be enlarged on bail on

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

                      two sureties of the like amount each to the satisfaction of Chief

                      Judicial Magistrate, Sheohar in connection with Sheohar P. S.

                      Case No. 361 of 2025, subject to condition as laid down under

                      Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                      2023.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T

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