Patna High Court

Bachchelal PaswanversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 438(2) of the Cr.P.C.

Summary

The petitioner, Bachchelal Paswan, sought anticipatory bail fearing arrest in a case involving multiple offences under the Indian Penal Code and the Witch (Daain) Practices Act. He asserted a clean record and claimed he was falsely implicated, arguing that the FIR did not specifically allege assault by him and that the impugned order misrecorded facts. The State opposed the bail, contending the seriousness of the alleged offences. The Court examined the petitioner's claim of false implication and the lack of specific allegations against him. Considering the submissions, the Court granted anticipatory bail, subject to a cash bond and sureties, and conditioned it on compliance with Section 438(2) of the Cr.P.C. The order was made to ensure the petitioner’s release if arrested within six weeks, pending trial.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code despite the serious nature of the offences alleged.
Whether the petitioner has been specifically implicated in the FIR or is a false accused.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 147, 148, 149, 307, 323, 325, 341, 342, 380, 427, 448, 452, 504, 506

Subjects

anticipatory bail
Section 438 CrPC
false implication
witchcraft accusation
Indian Penal Code
Criminal Procedure Code
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87722 of 2025
                      Arising Out of PS. Case No.-184 Year-2023 Thana- KARJA District- Muzaffarpur
                 ======================================================
                 Bachchelal Paswan S/O Late Darshan Paswan R/O Vill.- Borwara, P.S.-
                 Karja, Dist.- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sunil Kumar Pandey
                 For the Opposite Party/s :        Mr. Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 147, 148,

                   149, 448, 452, 341, 342, 323, 325, 307, 380, 427, 504, 506 of the

                   Indian Penal Code & Section ¾ of Witch (Daain) Practices Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that named accused persons including the petitioner along

                   with 100-150 unknown accused came to her house and assaulted

                   her mother-in-law on pretext that she is a witch causing fracture of

                   her hand while other accused excluding the petitioner acted

                   inappropriately with her and also took away cash of Rs.50,000/-

                   along with ornaments of Rs.2 lacs.
             Patna High Court CR. MISC. No.87722 of 2025(2) dt.21-01-2026
                                                         2/2




                                    4. Learned counsel for the petitioner submits that

                       petitioner has been falsely implicated in the instant case by the

                       informant. It is next submitted that from perusal of the allegation

                       as alleged in the FIR, it would manifest that no specific allegation

                       of assault is alleged against the petitioner. It is also submitted that

                       the order impugned inadvertently records that petitioner made her

                       mother-in-law drink human excreta when it is not the case of the

                       informant in the FIR.

                                    5. Learned A.P.P. for the State opposes the prayer for

                       anticipatory bail of the petitioner.

                                    6. Considering the submissions made by the learned

                       counsel for the petitioner, the petitioner above-named, in the event

                       of his arrest or surrender before the learned Court below within a

                       period of six weeks from today, be released on anticipatory bail on

                       furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with

                       two sureties of the like amount each to the satisfaction of the

                       learned trial court where the case is pending/successor court in

                       connection with Karja P.S. Case No.184/2023, subject to the

                       conditions as laid down under Section 438 (2) of the Cr.P.C.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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