Patna High Court
Uday PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
The petitioner, Uday Paswan, sought anticipatory bail fearing arrest in a case (Rajoun P.S. Case No. 239 of 2025) alleging assault on a neighbour and her sons under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s FIR claimed the petitioner entered the informant’s house, abused her, and assaulted her with a lathi and rod, also injuring her sons. The petitioner contended that the allegations were false, arising from a personal dispute, that the FIR was lodged six days after the incident, and that the injuries were minor and he has a clean antecedent. The court examined the submissions and, applying Section 438(2) of the CrPC read with Section 482(2) of the Bharatiya Nyaya Sanhita, granted anticipatory bail with specific conditions, including surety bonds and personal presence at trial. The order emphasized that any observations made would not affect the trial, and the bail could be cancelled for non‑compliance or concealment of antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged offences under the Bharatiya Nyaya Sanhita.
- Whether the nature of the alleged assault and the circumstances of the FIR justify denial of bail.
- Whether the claim of false implication arising from a personal dispute impacts the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 110, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- assault
- false implication
- personal dispute
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90255 of 2025
Arising Out of PS. Case No.-239 Year-2025 Thana- RAJAON District- Banka
======================================================
Uday Paswan, S/o- Late Ramdhani Paswan, R/v- Anandpur Ps- Rajoun Dist-
Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Balram Kapri, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Rajoun P.S. Case No. 239 of 2025 registered for the offences
under Sections 115(2), 126(2), 351(2), 303(2), 110, 352, 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has
alleged that the named accused persons, including the petitioner,
entered the house of the informant and abused her and when the
informant protested, the petitioner assaulted her with lathi and
rod. Even the sons of the informant, namely, Sudama Kumar
and Kundan Kumar, were assaulted.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case on account of
Patna High Court CR. MISC. No.90255 of 2025(3) dt.20-02-2026
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personal dispute with the informant, who happens to be next
door neighbour, as also agnates of the petitioner. It has further
been submitted that the allegations of snatching away silver
chain, etc., are superficial in nature and moreover, the FIR was
lodged as an afterthought merely to implicate the petitioner after
six days of the occurrence. It has next been submitted that from
the perusal of the injury report, it would be evident that the
injuries are said to be simple in nature. It has lastly been
submitted that the petitioner has clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Rajoun P.S. Case No. 239 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
Patna High Court CR. MISC. No.90255 of 2025(3) dt.20-02-2026
3/3
as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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