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Patna High Court

Naresh PaswanversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Petitioner No.2 is entitled to pre‑arrest bail subject to the conditions prescribed under Section 482(2) of the Criminal Procedure Code.

Summary

The petitioners, three brothers from Madhepura, sought pre‑arrest bail in a case arising from a land dispute wherein they were accused of assaulting an informant and his family and attempting to outrage the modesty of the informant's daughter‑in‑law. The FIR alleged offences under sections 126(2), 115(2), 109, 352, 303(2), 117(2) and 3(5) of the Indian Penal Code. The petitioners claimed innocence, stating the injuries were minor and the allegations of outraging modesty were ornamental. The court, after examining the FIR and noting that the injury to the informant’s son was simple, held that there was a prima facie case for granting pre‑arrest bail to petitioner No.2, subject to conditions under Section 482(2) of the Criminal Procedure Code. The court directed that petitioner No.2 be released on bail upon surrender, while the other two petitioners were advised to surrender and seek regular bail, and ordered the petition disposed.

Issues considered

  • Whether petitioner No.2 is entitled to pre‑arrest bail in view of the alleged offences and the nature of the injury.
  • Whether the allegations of outraging modesty constitute a serious offence warranting denial of bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • assault
  • land dispute
  • outraging modesty
  • Criminal Procedure Code
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89797 of 2025
                   Arising Out of PS. Case No.-353 Year-2025 Thana- MURLIGANJ District- Madhepura
                 ======================================================
           1.     Naresh Paswan S/O Late Jamun Paswan
           2.    Mukesh Paswan@Mukesh Kumar Son of Late Jamun Paswan.
           3.    Manish Paswan @ Manish Kumar Son of Naresh Paswan.
                 All are R/O village- Bhairopatti, P.S-Murliganj, Dist- Madhepura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Binod Kumar Sinha, Advocate
                 For the Opposite Party/s :         Mr.Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   15-01-2026                        Heard Mr. Binod Kumar Sinha, learned counsel

                   appearing on behalf of the petitioners and Mr. Ramchandra

                   Sahni, learned APP for the State.

                                 2.    The     petitioners       seek     pre-arrest    bail     in

                   connection         with    Murliganj       P.S.      Case   No.     353/2025

                   registered         for     the       offence(s)        punishable        under

                   Sections 126(2),115(2),109,352,303(2),117(2),3(5) of the BNS.

                                 3. As per the allegation made in the FIR, the accused

                   persons named therein including the petitioners have assaulted

                   the informant and his sons, as a result of which, they sustained

                   injuries. Specific allegation of assaulting the informant on his

                   head and leg is against co-accused Naresh Paswan (petitioner
Patna High Court CR. MISC. No.89797 of 2025(2) dt.15-01-2026
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          no.1) and Manish Paswan (petitioner no.3). Allegation against

          the petitioner no.2 is that he assaulted the son of the informant

          and he along with other co-accused tried to outrage the modesty

          of the daughter-in-law of the informant.

                        4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are innocent and have

          falsely been implicated in the present case due to land dispute.

          Petitioner no.1 and informant are own brothers. There is case

          and counter case between the parties. The injury sustained by

          the son of the informant is found to be simple in nature, caused

          by hard and blunt substance, attributable to petitioner no.2. So

          far as allegation of outraging the modesty of the daughter-in-law

          of the informant is concerned, the same is ornamental in nature.

          On these grounds, petitioners seek to be released on pre-arrest

          bail.

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                        6. Having considered the rival submissions made on

          behalf of the parties, as well, having perused the allegation

          made in the FIR and also considering the fact that the injury

          attributable to the petitioner no.2 is found to be simple in nature,

          I am of the opinion that petitioner no. 2 has, prima facie, made
Patna High Court CR. MISC. No.89797 of 2025(2) dt.15-01-2026
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          out a case to be released on pre-arrest bail.

                       7. The petitioner no.2, above named, is directed to

          be released on pre-arrest bail, in the event of his arrest or

          surrender before the learned District Court within a period of

          four weeks from today, on furnishing bail bond of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned CJM, Madhepura / Concerned

          Court in connection with Murliganj P.S. Case No. 353/2025,

          subject to the conditions as laid down under Section 482(2) of

          the BNSS.

                       8. The learned District Court is directed to verify the

          criminal antecedent of the petitioner no.2 and if it is found that

          the petitioners are involved in some other cases, as what has

          been stated in paragraph no.3 of the bail application, this order

          will automatically lose its force.

                       9. So far as petitioners no.1 and 3 are concerned,

          considering the nature of allegation made against them, the

          petitioners no.1 and 3, if so advised, may surrender before

          the learned District Court and seek regular bail. In that case,

          the learned District Court is directed to consider the bail

          application of the petitioners no.1 and 3 on the same day and

          pass necessary order on the basis of material which has come in
           Patna High Court CR. MISC. No.89797 of 2025(2) dt.15-01-2026
                                                       4/4




                     course of investigation without delay.

                                  10. The present petition stands disposed of.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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