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Patna High Court

Shambhu Paswan @ Shambhu PasawanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that anticipatory bail may be granted subject to the conditions prescribed in Section 482(2) of the B.N.S.S., 2023.

Summary

The petitioners, Shambhu Paswan and others, sought anticipatory bail fearing arrest in a case (PS No. 161 of 2025) alleging dacoity, assault, and arson under multiple sections of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.). The prosecution alleged that the accused entered the informant's house, stole cash and valuables, attempted to outrage modesty, assaulted the informant with an iron rod, set the house on fire, and assaulted family members. The petitioners contended they were falsely implicated due to a land dispute with the informant and had no criminal antecedents, offering cooperation with the investigation. The State and the informant opposed the bail. The Court, after considering the facts and submissions, ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S., 2023, if arrested or surrendered within six weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
  • Whether the allegations of dacoity, assault, and arson constitute sufficient ground to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dacoity
  • land dispute
  • criminal procedure
  • Section 482
  • Bharatiya Nagrik Suraksha Sanhita
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87464 of 2025
                        Arising Out of PS. Case No.-161 Year-2025 Thana- Lakho District- Begusarai
                 ======================================================
           1.     Shambhu Paswan @ Shambhu Pasawan S/o- Late Gaya Paswan Village-
                  Bajitpur (Bajidpur) Ward No- 45 PS- Lakho District- Begusarai.
           2.    Maharaja Kumar S/o- Shambhu Paswan @ Shabhu Paswan Village- Bajitpur
                 Ward No- 45 PS- Lakho District- Begusarai
           3.    Shailesh Kumar @ Fuso @ Fujo S/o- Rajneeti Paswan Village- Bajitpur
                 Ward No- 45 PS- Lakho District- Begusarai
           4.    Priyanshu Kumar S/o- Mithilesh Kumar @ Mithlesh Kumar Village-
                 Bajitpur Ward No- 45 PS- Lakho District- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sandip Kumar Gautam, Advocate
                 For the Opposite Party/s :        Mr. Pramod Kumar Pandey, APP
                 For the Informant        :        Mr. Pushpendra Kr. Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   12-01-2026                     Heard learned counsel for the petitioners, learned

                   counsel for the informant and learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Lakho P.S. Case No. 161 of 2025, instituted under Sections

                   126(2), 115(2), 303(2), 109(1), 76, 191(2), 189(5), 326(F), 190

                   of the B.N.S.

                                3. As per the prosecution case, on the date of

                   occurrence F.I.R. named accused persons including the

                   petitioners entered into the house of informant and committed

                   dacoity of cash, mobile and the valuables of her daughter-in-
Patna High Court CR. MISC. No.87464 of 2025(2) dt.12-01-2026
                                            2/3




          law. It is alleged that co-accused Amar Kumar tried to outrage

          the modesty of her daughter-in-law. Then the informant started

          crying on which she was assaulted by iron rod. On hearing

          hulla, the family members of the informant came then all the

          accused persons assaulted them. The accused persons set fire in

          the house.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have falsely been implicated in this

          case. Both the parties are agnates and neighbours and there is

          land dispute between them. Both the parties are in litigating

          term. Prior to the present case, Petitioner No. 1 had registered

          Lakho P.S. Case No. 158 of 2025 against the informant and

          others. Injury to the injured are simple in nature. Petitioners

          have no criminal antecedent. They undertake to co-operate in

          the investigation and trial.

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

          the informant oppose the prayer for anticipatory bail.

                       6. Considering the facts and circumstances of the

          case and submission of learned counsel for the parties, in the

          event of arrest or surrender before the Court below within six

          weeks from today, the petitioners be released on bail upon

          furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
              Patna High Court CR. MISC. No.87464 of 2025(2) dt.12-01-2026
                                                          3/3




                        two sureties of the like amount each to the satisfaction of

                        learned Judicial Magistrate 1st Class, Begusarai in connection

                        with Lakho P.S. Case No. 161 of 2025, subject to the conditions

                        laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha

                        Sanhita (B.N.S.S.), 2023.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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