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Patna High Court

Ram Pravesh PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners subject to bail bond and sureties under Section 482(2) of the B.N.S.

Summary

The petitioners, Ram Pravesh Paswan and his family members, sought anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S. for alleged assault on an informant and his family. The prosecution alleged that the petitioners participated in a violent dispute over a government hand pump, resulting in injuries to both parties. The petitioners contended they were innocent, highlighting a petty village dispute, lack of specific allegations, and their clean antecedents. The State and the informant opposed the bail, arguing the seriousness of the offences. Considering the general nature of the accusations, the existence of a case‑and‑counter‑case, and the petitioners' clean record, the court granted anticipatory bail subject to a bail bond and sureties, under Section 482(2) of the B.N.S.

Issues considered

  • Whether anticipatory bail can be granted despite general and omnibus allegations under the listed sections of the B.N.S.
  • Whether the petitioners pose a risk of absconding or tampering with evidence in the case
  • Whether the conditions under Section 482(2) of the B.N.S. justify granting bail

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2)

Subjects

  • anticipatory bail
  • general and omnibus accusation
  • clean antecedents
  • Section 482
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8694 of 2026
                          Arising Out of PS. Case No.-80 Year-2025 Thana- Banshi District- Arwal
                 ======================================================
           1.     Ram Pravesh Paswan S/o Late Shyam Paswan R/o Village - Kurmawan, P.S
                  - Banshi, District - Arwal
           2.    Sushila Devi W/o Ram Pravesh Paswan R/o Village - Kurmawan, P.S -
                 Banshi, District - Arwal
           3.    Punam Devi @ Punam Kumari D/o Ram Pravesh Paswan R/o Village -
                 Kurmawan, P.S - Banshi, District - Arwal
           4.    Shobhi Kumari D/o Ram Pravesh Paswan R/o Village - Kurmawan, P.S -
                 Banshi, District - Arwal

                                                                                     ... ... Petitioner/s
                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners      :        Mr. Shivendra Prasad, Advocate
                 For the State            :        Mr. Binod Kumar, APP
                 For the Informant        :        Mr. Saket Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 115(2),

                   126(2), 109(1), 118(1), 117(2), 352, 351(2) and 3(5) of the

                   B.N.S..

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including these petitioners,

                   assaulted informant and his family members.
Patna High Court CR. MISC. No.8694 of 2026(2) dt.23-02-2026
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                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. As a matter of fact, both parties are

          co-villagers and due to petty dispute on account of use of

          government hand pump, maar-peet took place between the

          parties in which both sides sustained injuries. There is case and

          counter-case. Allegation of assault is general and omnibus and

          no specific accusation of overt act has been alleged against these

          petitioners. Petitioners claim clean antecedents.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant have vehemently opposed the prayer for grant of

          anticipatory bail to the petitioners.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, case and

          counter-case between the parties and clean antecedents of the

          petitioners, the prayer for grant of anticipatory bail to the

          petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioners 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 learned Judicial Magistrate 1 st
             Patna High Court CR. MISC. No.8694 of 2026(2) dt.23-02-2026
                                                         3/3




                       Class, Arwal in connection with Banshi P.S. Case No. 80 of

                       2025, subject to condition as laid down under Section 482(2) of

                       the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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