Patna High Court
Rajesh Kumar @ Rajesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, Rajesh Kumar, Meena Devi and Birju Paswan, sought anticipatory bail fearing arrest in a case registered under Sections 341, 323, 307, 379, 354A, 504 and 34 of the IPC for allegedly assaulting an informant and snatching a silver chain. The prosecution alleged that the petitioners attacked the informant’s family with lathis and other weapons to dispossess them of land, causing simple injuries to three persons. The petitioners contended that both parties are agnates, there exists a case and counter‑case, and they have a clean antecedent. The State opposed the bail, but the court noted the injuries were simple and the existence of a counter‑case, and therefore allowed anticipatory bail. The bail was conditioned on furnishing a Rs 10,000 bond with two sureties each, to be enlarged within eight weeks, and was subject to Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the facts of the case
- Whether the nature of the alleged injuries and the presence of a case and counter‑case justify the grant of bail
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, can be invoked to impose conditions on anticipatory bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code — s. 307, 323, 34, 341, 354A, 379, 504
Subjects
- anticipatory bail
- Indian Penal Code
- Bhartiya Nagrik Suraksha Sanhita
- simple injury
- case and counter‑case
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90420 of 2025
Arising Out of PS. Case No.-42 Year-2023 Thana- SHRI NAGAR District- Madhepura
======================================================
1. Rajesh Kumar @ Rajesh Paswan, Son of Birju Paswan Resident of village-
Puraini, ward no-8, Ps- Srinagar, Dist- Madhepura
2. Meena Devi @ Meeniya Devi, Wife of Birju Paswan Resident of village-
Puraini, ward no-8, Ps- Srinagar, Dist- Madhepura
3. Birju Paswan, Son of Late Mahavir Paswan Resident of village- Puraini,
ward no-8, Ps- Srinagar, Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinesh Prasad Verma, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 341, 323, 307, 379,
354A, 504/34 of the IPC.
3. As per prosecution case, it is alleged that these
petitioners attacked the informant and her family members
with lathi, danda and farsa to dispossess them from their land
resulting in injuries to three persons. It is further alleged that
accused Mina Devi snatched silver chain from the informant.
4. Learned counsel for the petitioners submits that
both the parties are agnates and there is case and counter case
between the parties. Petitioners are family members and there
is general and omnibus allegation against all the petitioners.
The allegation of snatching chain from the neck of the
Patna High Court CR. MISC. No.90420 of 2025(2) dt.19-01-2026
2/2
informant is ornamental in nature. Petitioners claim clean
antecedent.
5. Learned A.P.P. for the State and learned counsel
for the informant opposed the bail petition.
6. Considering the facts and circumstance of the case
that the injuries are simple in nature and there is case and
counter case between the parties, the prayer for anticipatory
bail of petitioners is allowed. Let the above named petitioners,
in the event of their arrest/surrender within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bonds
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate,
1st Class, Madhepura in connection with Srinagar P.S. Case No.
42 of 2023, subject to condition as laid down under Section 482
of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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