Patna High Court
Niraj Paswan @ Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted subject to bail bond and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Niraj Paswan, sought anticipatory bail fearing arrest in a case under Sections 316(1) and 318(4) of the B.N.S., 2023. He claimed a clean record and alleged that the informant, a relative, had falsely implicated him after a two‑day delay in filing the FIR. The petitioner argued that the motorcycle in dispute belonged to the informant’s brother‑in‑law and that he would cooperate with the investigation. The State opposed the bail. The Court, after considering the petitioner’s clean antecedents, the alleged false implication, and the delay in FIR registration, granted anticipatory bail subject to a bail bond of Rs.20,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., reserving the right to cancel bail if the petitioner fails to cooperate.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances alleged.
- Whether the delay in FIR registration and alleged false implication justify bail.
Legislation cited
- B.N.S., 2023 — s. 316(1), 318(4)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- false implication
- delay in FIR
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86235 of 2025
Arising Out of PS. Case No.-112 Year-2024 Thana- KOTHI District- Gaya
======================================================
Niraj Paswan @ Niraj Kumar S/O Virendra Paswan R/O Village- Kanargarh,
P.S- Kothi, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 316(1) and 318(4) of
B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that petitioner and Raushan Paswan came to the
informant and requested for the motorcycle of the informant,
accordingly, the informant gave them the motorcycle but the
same was not returned.
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 the occurrence took place on
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25.12.2024 but the FIR came to be instituted on 27.12.2024, i.e.,
after a delay of two days without any plausible explanation. It is
further submitted that the motorcycle belonged to brother-in-law
of the informant and it might be a possibility that the occurrence
took place in some other manner and the petitioner came to be
implicated. It is next submitted that petitioner and informant are
relatives, as such, it does not appear probable that petitioner
would have committed such an occurrence along with Raushan
Paswan. It is also submitted that petitioner will not abscond
rather will cooperate in the investigation to prove his innocence.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, let 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.20,000/-
(Rupees Twenty 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 Kothi P.S. Case
No.112 of 2024, subject to the conditions as laid down under
Section 482(2) of B.N.S.S.
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7. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned Trial Court bringing to its notice that petitioner, despite
giving assurance to this Court, is not cooperating in the
investigation, the learned Trial Court shall be at liberty to cancel
the bail bond of the petitioner after recording reasons.
8. Let a copy of this order be sent to the concerned
Police Station through the learned Trial Court.
(Satyavrat Verma, J)
Sanjay/-
U T
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