Patna High Court
Uttim Lal Paswan @ Utimlal PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, Uttim Lal Paswan and Anand Kumar Paswan, were implicated in FIR No. 45 of 2025 for allegedly assaulting their informant, the son and brother of the first petitioner, with a lathi and tengari, causing a grievous head injury. The petitioners claimed they have a clean antecedent and were falsely implicated due to an ongoing land dispute, arguing that the FIR contains only a general, omnibus allegation. The State opposed anticipatory bail, contending that the assault was serious and the injuries were grievous. The Court examined the facts, noted the lack of specific allegations and the petitioners' clean record, and considered the land‑dispute context. It granted anticipatory bail under Section 438 of the CrPC and Section 482 of the BNSS, 2023, subject to stringent conditions including a bail bond of Rs.10,000 and compliance with court directives. The order also empowered the trial court to cancel bail if the petitioners tamper with evidence, fail to appear, or conceal antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC and Section 482 of the BNSS in view of the alleged assault and the nature of the FIR.
- Whether the general and omnibus allegations in the FIR, coupled with the petitioners' clean antecedent and land‑dispute background, justify the grant of bail.
Legislation cited
- Code of Criminal Procedure — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- land dispute
- assault
- clean antecedent
- general omnibus allegation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88295 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- Lalamnia District- Madhubani
======================================================
1. Uttim Lal Paswan @ Utimlal Paswan S/O Lalu Paswan R/O Village- Malin
Belha, P.S- Lalmaniya, Distt.- Madhubani.
2. Anand Kumar Paswan S/O Uttim Lal Paswan R/O Village- Malin Belha,
P.S- Lalmaniya, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Informant : Mr. Md. Soban Asghar, Advocate
For the State : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-01-2026 Heard Mr. Jitendra Kumar Bharti learned counsel for
the petitioners, Mr. Md. Soban Asghar, learned counsel for the
informant and Mr. Nand Kumar, learned APP for the State
2. The petitioners are apprehending their arrest in
connection with Lalmaniya P.S. Case No. 45 of 2025, F.I.R.
dated 21.08.2025 registered for the offences punishable under
Sections 126(2), 115(2), 109, 352, 351(2), 351(3), 3(5) of the
B.N.S.S.
3. As per prosecution case, petitioners are alleged to
have assaulted the informant with lathi and tengari over his head
due to which informant got head injury and became
unconscious.
4. Learned counsel for the petitioners submit that the
petitioners have clean antecedent and they have been falsely
implicated in the present case. From the F.I.R. itself, it appears
Patna High Court CR. MISC. No.88295 of 2025(2) dt.09-01-2026
2/3
that there is admitted land dispute between the parties due to
which present occurrence has taken place. Informant is son of
the petitioner no. 1 and brother of the petitioner no. 2. From
perusal of the F.I.R., there is general and omnibus allegation
against the petitioners. Although, the informant have received
injuries which suggests to be grievous in nature.
5. Learned counsel for the informant and learned APP
for the State have opposed the prayer for anticipatory bail of the
petitioners and submitted that petitioners have assaulted the
informant who happens to be son and brother of the petitioners
and he receives the injuries which is grievous in nature.
6. Considering the facts and circumstances of the case
and the fact that the petitioners having clean antecedent and due
to land dispute the present occurrence taken place and there is
no specific allegation against the petitioners in the F.I.R. rather
the allegation is general and omnibus, in the event of their arrest
or surrender before the court below within a period of thirty
days from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned S.D.J.M., Jhanjharpur, District- Madhubani in
connection with Lalmaniya P.S. Case No. 45 of 2025, subject to
Patna High Court CR. MISC. No.88295 of 2025(2) dt.09-01-2026
3/3
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure/ Section 482(2) of BNSS, 2023 and with
other following conditions :-
(1) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioners tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
Checking your session…