Patna High Court
Naresh PaswanversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 352
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
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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
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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
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course of investigation without delay.
10. The present petition stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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