Patna High Court
Ranjan PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court directed that the petitioner be released on pre‑arrest bail, subject to conditions, pending verification of the injury report.
Summary
Ranjan Paswan applied for pre‑arrest bail in a case where the FIR alleged that he, along with others, assaulted an informant with a common intention to kill and stole Rs.5,000. The petitioner claimed the informant was his relative and that a land dispute led to a fight in self‑defence, asserting that the alleged injury on the informant's back was not substantiated by the medical report, which instead noted a simple wound on the right parietal region. The State opposed the bail, emphasizing the seriousness of the offences listed under the Bihar Negotiable Statutes (BNS). The Court examined the injury report and the petitioner's clean antecedent, directing the District Court to verify the nature of the injury. It held that if the injury is simple or not attributable to the petitioner, bail should be granted on conditions deemed appropriate. Consequently, the bail application was disposed of with an order for the petitioner’s release on pre‑arrest bail subject to conditions.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite allegations of assault and robbery under multiple sections of the BNS.
- Whether the nature and location of the injury to the informant affect the grant of bail.
- Whether the petitioner's claim of self‑defence and lack of prior criminal record warrant bail.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 118(1), 126(2), 303(2), 329(3), 3(5), 351(2), 352
Subjects
- pre‑arrest bail
- assault
- self‑defence
- injury report
- land dispute
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90635 of 2025
Arising Out of PS. Case No.-399 Year-2025 Thana- RAJNAGAR District- Madhubani
======================================================
Ranjan Paswan, aged about 22 yrs., Son of Vijay Paswan @ Vinay Paswan
Resident of Village- Gosai Bhumi, Kaithahi, P.S.- Rajnagar, District-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 04-02-2026 Heard Mr. Shailendra Kumar Jha, learned counsel
appearing on behalf of the petitioner and Mr. Shailendra Kumar
Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Rajnagar P.S. Case No. 399 of 2025 registered for the
offence(s) punishable under Sections 329(3), 126(2), 115(2),
118(1), 109, 303(2), 352, 351(2) and 3(5) of the BNS.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioner with a common
intention to kill assaulted the informant on different parts of his
bodies, causing injuries. Specific allegation against the
petitioner is to have assaulted the informant by means of iron
rod on his back and also snatched Rs.5,000/- from him.
Patna High Court CR. MISC. No.90635 of 2025(2) dt.04-02-2026
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4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and he has given
information in paragraph no.8 that informant is his own Gotia
and there is land dispute between them which resulted into free
fight and in self-defence, the petitioner may have caused some
injury to the informant. He further submitted that there is direct
allegation against the petitioner that he had assaulted on the
back of the informant but according to injury report, there is no
injury on the back of the informant, rather incised wound has
been found over the right parietal region of the informant and
that too is simple in nature. Petitioner has clean antecedent. On
these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well, having perused the allegation made in the
FIR, I find that the petitioner has assaulted the informant and it
has been claimed that there is no injury on the back of the
informant but as per the opinion of the doctor, the injury has
been found over right parietal region, which is vital part of the
body and as such, the learned District Court is directed to
verify the injury report and if it is found that the same is
Patna High Court CR. MISC. No.90635 of 2025(2) dt.04-02-2026
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simple in nature, then in that case, the petitioner, above
named, is directed to be released on pre-arrest bail, in
connection with Rajnagar P.S. Case No. 399 of 2025 on such
terms and conditions as the learned District Court deems it fit
and proper.
7. In case, the injury sustained by the informant is
even grievous in nature but not attributable to the petitioner,
then in that case also, the petitioner is directed to be released on
pre-arrest bail on such terms and conditions, as the learned
District Court deems it fit and proper.
8. The present bail application stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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