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Patna High Court

Rohit Paswan @ Rohit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                        2/2




                      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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