Patna High Court

Ajay PaswanversusThe State of Bihar

Decided: 8 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bihar Criminal Procedure Code.

Summary

The petitioner, Ajay Paswan, sought anticipatory bail after learning that he might be arrested in a case registered under multiple sections of the Bihar Penal Code (191(2), 191(3), 190, 303(2), 132, 121(2), 109 and 121(1)). The FIR alleged that a group, including the petitioner, scuffled with police, assaulted an informant and attempted to snatch his mobile and pistol, but the specific assault and snatching were attributed to other accused. The petitioner argued that the allegations against him were vague and that he has a clean antecedent. The State opposed the bail. The Court, considering the petitioner’s clean record and the lack of specific incriminating allegation against him, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and the conditions of Section 482(2) of the Bihar Criminal Procedure Code.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite the FIR containing general allegations against him.
Whether the petitioner’s clean antecedent warrants bail.
Whether the conditions under Section 482(2) of the Bihar Criminal Procedure Code are satisfied.

Legislation cited

Bihar Penal Code (BNS) — s. 109, 121(1), 121(2), 132, 190, 191(2), 191(3), 303(2)

Subjects

anticipatory bail
clean antecedent
FIR
Section 191
Section 190
Section 303
Section 132
Section 121
Section 109
Section 482
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90593 of 2025
                      Arising Out of PS. Case No.-514 Year-2025 Thana- KANTI District- Muzaffarpur
                 ======================================================
                 Ajay Paswan S/o Chandeshwar Paswan R/o Village- Kanti Kothiya, PS-
                 Kanti, Ward No. 9, Dist- Muzaffarpur
                                                                      ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arun Kumar, Advocate
                 For the Opposite Party/s :        Mr. Nand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 191(2),

                   191(3), 190, 303(2), 132, 121(2), 109 and 121(1) of the BNS.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that on 20.10.2025, he received a secret information, at

                   10:30 a.m., that accused are selling liquor near an orchard,

                   accordingly, the police team reached the place of occurrence,

                   when it is alleged that the accused persons including the

                   petitioner had scuffled with the police and created ruckus and

                   Chhotu assaulted the informant with a sharp edged weapon

                   causing injury on his head while Rithik snatched his mobile and

                   also tried to snatch his pistol.
           Patna High Court CR. MISC. No.90593 of 2025(2) dt.08-01-2026
                                                       2/2




                                  4. Learned counsel for the petitioner submits that

                     from perusal of the allegation as alleged in the FIR, it would

                     manifest that specific allegation of assaulting and snatching the

                     mobile of the informant is against Chhotu and Rithik and as far

                     as the petitioner is concerned, the allegation against him is

                     general and omnibus in nature.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel for the petitioner and taking into consideration the fact

                     that petitioner is a person with clean antecedent, let the

                     petitioner above-named, in the event of his arrest or surrender

                     before the learned trial court within a period of six weeks from

                     today, be released on anticipatory bail on furnishing bail bonds

                     of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

                     like amount each to the satisfaction of the learned trial court

                     where the case is pending/Successor Court in connection with

                     Kanti P.S. Case No. 514 of 2025, subject to the conditions as

                     laid down under Section 482(2) of the BNSS.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T

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