Patna High Court
Rohit Paswan @ Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The anticipatory bail application was disposed of, with the petitioner directed to seek bail before the lower court after the injury report is filed.
Summary
The petitioner, Rohit Paswan, sought anticipatory bail in a criminal case (PS Case No. 141 of 2025) where he was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023, including assault and related offences. The prosecution alleged that he assaulted the victim, who sustained three injuries, though the medical injury report was pending. The petitioner contended his innocence, citing an ongoing land dispute and lack of concrete evidence. The State opposed the bail, emphasizing the seriousness of the charges. The High Court, after considering the circumstances, disposed of the anticipatory bail application, directing the petitioner to approach the lower court for bail after the injury report is produced, where the merits will be examined.
Issues considered
- Whether anticipatory bail should be granted to the petitioner pending the production of the injury report
- Whether the pending land dispute and lack of injury report affect the bail decision
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 190, 191(2), 303(2), 329(4), 351(2), 352, 74
Subjects
- anticipatory bail
- criminal procedure
- assault
- injury report
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89885 of 2025
Arising Out of PS. Case No.-141 Year-2025 Thana- KARAI PARSURAI District- Nalanda
======================================================
Rohit Paswan @ Rohit Kumar Son of Sharvan Paswan @ Shrvan Paswan
Resident of village - Kangali Bagicha (Kangali Bigha), Police Station -
Nagarnausa, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh
For the Opposite Party/s : Mr. Braj Kishore Pd.(App)
Mr. Jharkhandi Upadhyay, APP
For the Complainant : Mr. Sanjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Karai Parsurai P.S. Case No. 141 of 2025 registered for
offences under Sections 191(2), 190, 303(2), 126(2), 115(2), 74,
329(4), 109(1), 351(2) and 352 of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the petitioner is
accused of assaulting the victim.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that there is land dispute pending between
Patna High Court CR. MISC. No.89885 of 2025(3) dt.11-02-2026
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the parties and there is case and counter case. He further submits
that there is general allegation against the petitioner of causing
injury and the victim though had sustained three injuries but her
injury report is awaited.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case, this application for anticipatory bail is disposed of
with liberty to the petitioner to move before the Court below for
the anticipatory bail. The Court below will call for the Injury
Report and thereafter will consider the case of the petitioner on
its own merit in accordance with law.
(Sandeep Kumar, J)
Shishir/-
U T
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