Patna High Court
Ram Pravesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
2/3
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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