Patna High Court
Lalu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs 10,000 with two sureties and the condition that the trial court may cancel the bail if the petitioner attempts to delay the trial.
Summary
The Patna High Court considered the bail application of Lalu Paswan, who was arrested in connection with offences under IPC sections 448, 504, 323, 324, 307, 506 and 34 arising from a land‑related dispute with the informant. The petitioner claimed a clean antecedent, asserted that only one grievous injury was recorded, and highlighted that a co‑accused, Santosh Paswan, had already been granted regular bail. The State opposed bail, citing the seriousness of the charges. After evaluating the submissions, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, subject to the condition that the trial court may cancel the bail if the petitioner attempts to delay charge framing or the trial. The bail application was therefore allowed.
Issues considered
- Whether bail should be granted to the petitioner in a case involving offences under IPC sections 448, 504, 323, 324, 307, 506 and 34.
- Whether the petitioner’s clean antecedent and the grant of bail to a co‑accused justify release on bail despite the seriousness of the charges.
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 34, 448, 504, 506
Subjects
- bail
- Indian Penal Code
- assault
- land dispute
- criminal procedure
- surety
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89967 of 2025
Arising Out of PS. Case No.-387 Year-2023 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Lalu Paswan S/o- Gyanchand Paswan @ Gyanchandra Paswan R/o Village-
Dhoi Nav Toli Ps-Sadar Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baidyanath Prasad
For the Opposite Party/s : Mr.Chandra Bhushan Prasad- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 448,504,323,324,307,506,34
of the Indian Penal Code.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and the
informant alleges that accused persons along with this petitioner
assaulted the informant with farsa causing injury on head further
when brother of the informant came to save her, the accused
persons also assaulted him and other family members including
the son of the informant who was also injured.
4. The learned counsel for the petitioner submits that
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petitioner and the informant are related and are having dispute
relating to land. It is also submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
informant alleges that he was assaulted by farsa by this
petitioner along with Santosh, but then, there is only one injury
which has been opined to be grievous. It is also submitted that
petitioner is in custody since 19.10.2025 and Santosh Paswan
has been granted the privilege of regular bail by order dated
09.08.2024 in Cr. Misc. No.43427 of 2024. It is also submitted
that petitioner will not abscond rather will cooperate in the trial
to prove his innocence.
5. Learned A.P.P. Sri Chandra Bhushan Prasad
opposes the bail application.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, the petitioner,
above-named, is directed to be released on bail on his furnishing
bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending in connection
with Sadar P. S. Case No. 387 of 2023.
7. The application stands allowed.
8. However, it is made clear that if the learned trial
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court comes to a conclusion that petitioner after his release is
trying the delay the framing of charge or after framing of charge
is trying to delay the trial in both the conditions, the learned trial
court shall be at liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
vikash/-
U T
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