Patna High Court
Shambhu Paswan @ Shambhu PasawanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagrik Suraksha Sanhita — s. 109(1), 115(2), 126(2), 189(5), 190, 191(2), 303(2), 326(F), 482(2), 76
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
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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-
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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
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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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