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Patna High Court

Uday PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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