Patna High Court
Raj Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Anticipatory bail was granted to the petitioner subject to stringent conditions, as the prior provisional bail and his undertaking reduced the risk of interference with the investigation.
Summary
The petitioner, Raj Kumar Paswan, sought anticipatory bail in a complaint case alleging his involvement in offences under Sections 147, 148, 341, 323, 325, 326, 354B, 504 and 506 of the Indian Penal Code, where he was accused of assaulting a woman with an iron rod. He had already obtained provisional bail in a related FIR for the same incident. The petitioner offered an undertaking not to influence witnesses, not to repeat the alleged conduct, and to appear before the trial court, while the State opposed the bail. The court considered the prior provisional bail, the petitioner’s undertaking, and the risk of tampering, and decided to grant anticipatory bail with strict conditions, including a bail bond and sureties. The order directed that the bail be effective upon arrest or surrender within four weeks, subject to compliance with the conditions. The judgment thus balances the petitioner’s right to liberty with the State’s interest in preventing interference with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged under the IPC.
- Whether the petitioner’s prior provisional bail and his undertaking mitigate the risk of witness tampering or further offences.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are sufficient to safeguard the trial process.
Legislation cited
- Indian Penal Code — s. 147, 148, 323, 325, 326, 341, 354, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- criminal procedure
- witness tampering
- provisional bail
- Section 482
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90129 of 2025
Arising Out of PS. Case No.-85 Year-2024 Thana- COMPLAINT CASE - DANAPUR
District- Patna
======================================================
Raj Kumar Paswan S/o Dharmu Paswan R/o vill and P.O. - Nagawa, P.s.-
Naubatpur, Distt.- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sewati Devi W/o Late Bijendra Paswan R/o vill - Beerpur, P.s.- Naubatpur,
Distt. - Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Sinha, Adv.
For the Opposite Party/s : Mr.Binod Kumar, APP
For the O.P. No.2 : Mr. Arvind Kumar Pandey, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State as also counsel for the
O.P. No.2.
2. The petitioner is apprehending his arrest in
connection with Complaint Case No. 85(c) of 2024 in which
cognizance of offence has been taken under Sections 147, 148,
341, 323, 325, 326, 354B, 504, 506 of the I.P.C.
3. As per the prosecution case, on 18-01-2024, 17
named accused and two unknown persons illegally entered her
land and began erecting pillars. When she and other women
objected, the accused abused, assaulted, and molested them. It is
further alleged that Raj Kumar Paswan (the petitioner) hit
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Sewati Devi with an iron rod causing a head fracture, while
others beat the women and snatched gold ornaments worth
about Rs. 1.9 lakh.
4. Learned counsel for the petitioner submits that for
same incident, earlier the F.I.R. was registered by the father-in-
law of the Complainant being Naubatpur P.S. Case No. 43 of
2024 in which the petitioner has already been granted
provisional bail by the learned court below itself till submission
of charge-sheet and, subsequently, after grant of bail in the
F.I.R., the Informant has instituted the present complaint case in
which the petitioner is presently seeking privilege of
anticipatory bail. It is next submitted that both the parties are
agnates. Counsel for the petitioner gives an undertaking before
this Court that the petitioner would not indulge himself in future
in the similar issue and would also not pressurize the Informant
for erecting pillar in his field and if such an allegation is made
and the police finds substance in such allegation, the police as
well as the Informant will be at liberty to take appropriate
remedy for cancellation of the bail bonds of the petitioner.
Counsel for the petitioner further submits that the petitioner is a
man of means and he is ready to abide by the terms and
conditions imposed in this case, in case the benefit of privilege
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of anticipatory bail is extended to him.
5. Pursuant to the notice issued by this Court, counsel
for the O.P. No.2 has appeared and submits that the petitioner is
an Ex-Mukhia and because of his influence, he had always been
pressurizing the Informant and her family members for erecting
a pillar in the field, which belongs to the Informant family.
6. Learned APP for the State opposes the prayer for
grant of anticipatory bail.
7. Having heard learned counsel for the parties and
taking into account the undertaking given by the petitioner as
also the fact in the F.I.R. lodged for the same incident, the
petitioner has already been granted privilege of provisional bail
by the learned court below, this Court is inclined to grant
privilege of anticipatory bail to the petitioner.
8. Accordingly, let the petitioner, above named, be
released on anticipatory bail in the event of his arrest or
surrender before the court below 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 Judicial Magistrate, 1st Class, Danapur,
Dist. Patna in connection with Complaint Case No. 85(c) of
2024, subject to the condition as laid down under Section 482(2)
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of the B.N.S.S. as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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