Patna High Court
Manish PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted as the case was not fit for such relief given the seriousness of the offences.
Summary
Manish Paswan applied for anticipatory bail fearing arrest in a case (PS No.67/2025) involving multiple offences under the Bharatiya Nyaya Sanhita, 2023, including assault causing grievous injury. The prosecution alleged that he had assaulted the victim, and the offences were serious in nature. The Patna High Court examined whether the gravity of the charges warranted the grant of anticipatory bail. Finding that the nature and seriousness of the offences made the case unsuitable for anticipatory bail, the Court rejected the application. The petitioner was ordered to surrender within two weeks and seek regular bail, with a warning that police would arrest him if he failed to comply. The Court clarified that its observations were limited to this application and would not prejudice later stages of the proceedings.
Issues considered
- Whether anticipatory bail should be granted in a case involving multiple serious offences under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 191(2), 303(2), 324(4), 329(3), 352, 76
Subjects
- anticipatory bail
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- grievous injury
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90786 of 2025
Arising Out of PS. Case No.-67 Year-2025 Thana- NAYAGAON District- Begusarai
======================================================
Manish Paswan son of Late Ram Uday Paswan Resident of Village- Nayatola
Hanspur, Ps- Nayagaon, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey
For the Opposite Party/s : Mr. Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Nayagaon P.S. Case No. 67 of 2025 registered for offences
under Sections 191(2), 329(3), 126(2), 115(2), 109, 76, 303(2),
324(4) and 352 of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of assaulting the victim causing grievous injury.
4. Considering the nature of the accusation and the
gravity of the offence, it is not a fit case for the grant of the
anticipatory bail.
5. Accordingly, the application for anticipatory bail
stands rejected.
6. The petitioner is directed to surrender in the court
Patna High Court CR. MISC. No.90786 of 2025(2) dt.28-01-2026
2/2
below within a period of two weeks from today and seek regular
bail, if so advised, failing which the Superintendent of Police,
Begusarai will take all steps for the arrest of the petitioner.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Superintendent of Police, Begusarai through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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