Patna High Court
Maheshwar Paswan @ Mahesar Paswan @ Mahesh PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court conditionally granted pre‑arrest bail, subject to a medical report on injuries and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Maheshwar Paswan, applied for pre‑arrest bail in a case registered under multiple sections of the Bihar Penal Code for allegedly assaulting an informant and her family. The petitioner claimed innocence, a clean antecedent, and that the allegations were vague and omnibus. The State opposed the bail, citing the seriousness of the offences. The High Court, after hearing both sides, directed the District Court to obtain a medical opinion on the injuries; if they are simple, the petitioner may be released on bail with a bond of Rs.10,000 and two sureties, subject to verification of his criminal antecedents. The order also stipulated that the bail would lapse if the petitioner is found involved in other cases, and the application was thereafter disposed.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving multiple serious offences under the Bihar Penal Code.
- Whether the nature of the alleged injuries and the petitioner’s antecedents justify bail.
- Whether conditions under Section 482(2) of the Bihar Criminal Procedure Code can be imposed for bail.
Subjects
- pre‑arrest bail
- criminal procedure
- injury report
- antecedent verification
- Section 482
- Bihar Penal Code
- serious offences
- conditional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87118 of 2025
Arising Out of PS. Case No.-313 Year-2025 Thana- WAJIRGANJ District- Gaya
======================================================
Maheshwar Paswan @ Mahesar Paswan @ Mahesh Paswan S/O Late Vaso
Paswan R/O Village- Dubari Bigha Kenar, P.S- Wazirganj, Dist.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vishwa Ranjan Choudhary, Advocate
For the Opposite Party/s : Mr.Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard Mr. Vishwa Ranjan Choudhary, learned counsel
appearing on behalf of the petitioner and Mr. Vinod Shanker
Modi, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Wazirganj P.S. Case No. 313/2025 registered for the
offence(s) punishable under Sections 191(2), 191(3), 190, 126,
115(2), 118(1), 109, 303(2), 74, 352, 351(2) of the BNS.
3. As per the allegation made in the FIR, the
petitioner along with other accused assaulted the informant and
her family members, causing injuries.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present. He further submitted that a
general and omnibus allegation has been levelled against the
Patna High Court CR. MISC. No.87118 of 2025(2) dt.28-01-2026
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petitioner. The petitioner has clean antecedent. On these
grounds, the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR, the learned District Court is directed to call
for the final opinion of the doctor in respect of the injury
report of the injured persons and if it is found that the same
is simple in nature, then in that case, the petitioner, above
named, is directed to be released on pre-arrest bail in the
event of his arrest or surrender before the learned District Court
within a period of four weeks from today, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of District
Court where the case is pending/ Concerned Court in connection
with Wazirganj P.S. Case No. 313/2025, subject to the
conditions as laid down under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner and if it is found
that the petitioner is involved in some other cases, as what
has been stated in paragraph no.3 of the bail application,
Patna High Court CR. MISC. No.87118 of 2025(2) dt.28-01-2026
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this order will automatically lose its force.
8. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U T
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