Patna High Court
Sunil PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners subject to a bail bond and conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S, 2023.
Summary
The petitioners, members of the Paswan family, applied for anticipatory bail fearing arrest in a case registered under several sections of the B.N.S. for allegedly assaulting informant Pinky Devi. They contended that the dispute stemmed from a land conflict, that there exists a counter‑case, and that the injuries to the informant were simple and caused by a blunt object. The State opposed the bail application. The Court, noting the absence of an injury report but accepting the claim that the injuries were simple, considered the lack of criminal antecedents and the existence of a case‑and‑counter‑case. It granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and the condition under Section 438(2) of the CrPC/Section 482(2) of the B.N.S.S, 2023. The order also directed confirmation of the nature of injuries before the bail bonds are accepted.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC in view of the alleged assault and the nature of injuries.
- Whether the existence of a land dispute and a counter‑case influences the grant of bail.
- Whether the lack of an injury report precludes the acceptance of bail bonds.
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 303(2), 3(5), 351(1), 352, 76
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- land dispute
- assault
- simple injuries
- bail bond
- criminal antecedent
- case and counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87513 of 2025
Arising Out of PS. Case No.-43 Year-2024 Thana- BAKHARPUR District- Bhagalpur
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1. Sunil Paswan S/o Bhagwan Paswan R/o Village - Bakharpur (East), Ward
No. 08, P.S.- Bakharpur, District - Bhagalpur
2. Kundan Paswan S/o Bhagwan Paswan R/o Village - Bakharpur (East), Ward
No. 08, P.S.- Bakharpur, District - Bhagalpur
3. Bhagwan Paswan S/o Late Puran Paswan R/o Village - Bakharpur (East),
Ward No. 08, P.S.- Bakharpur, District - Bhagalpur
4. Gunja Devi @ Gunja Kumari @ Gunjna Kumari @ Gunjan Devi W/o
Kundan Paswan R/o Village - Bakharpur (East), Ward No. 08, P.S.-
Bakharpur, District - Bhagalpur
5. Vina Devi W/o Sunil Paswan R/o Village - Bakharpur (East), Ward No. 08,
P.S.- Bakharpur, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar Upadhyaya
For the Opposite Party/s : Mr.Narsingh Tanti
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 115(2), 118(1), 352, 351(1), 76, 109,
303(2), 3(5) of the B.N.S.
3. Allegation in the first information report is that all
the accused persons came variously armed and assaulted the
informant Pinky Devi causing injuries.
4. Learned counsel for the petitioners submits that the
present case arises out of a land dispute and there is case and
Patna High Court CR. MISC. No.87513 of 2025(2) dt.15-01-2026
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counter case between both the parties. It has further been
submitted that the injuries suffered by the informant are all
simple in nature caused by hard and blunt object and so far as
the allegations are concerned, they are all general and omnibus
without any specific imputation.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the facts and
circumstances and also considering that there is case and
counter case between the parties and the injuries are simple in
nature, let the petitioners above named, who have no criminal
antecedent, in the event of their arrest or surrender before the
learned Court below within a period of four weeks, be released
on anticipatory bail in connection with Bakharpur P.S. Case
no.43 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of the learned Court below where the case is
pending subject to the condition laid down under Section 438(2)
of the Code of Criminal Procedure/Section 482(2) of the
B.N.S.S, 2023.
7. However, since the injury report is not on record,
before accepting the bail bonds the learned court concerned
Patna High Court CR. MISC. No.87513 of 2025(2) dt.15-01-2026
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would only confirm the fact that the injuries suffered by the
informant are all simple in nature.
(Soni Shrivastava, J)
devendra/-
U T
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