Created by Fuzzy Cloud

Patna High Court

Shirjal Paswan @ Shivjanam PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Shirjal Paswan, sought anticipatory bail fearing arrest in a case involving multiple offences under the B.N.S. The prosecution alleged that on 22 July 2025 a mob assaulted an informant's family, but the petitioner was not named in the FIR and claimed innocence. He argued that a co‑accused, Ritesh Kumar, had already been granted anticipatory bail in a similar matter. The State opposed the relief. The Court, considering the petitioner’s clean antecedents, the general nature of the accusations and the principle of parity, allowed the prayer for anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted to a person not named in the FIR but implicated during investigation
  • Whether the principles of parity and clean antecedents justify granting anticipatory bail in this case

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 126(2), 190, 191(2), 303(2), 324(4), 351(2), 352, 76
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • Section 482
  • Criminal Procedure
  • High Court
  • FIR
  • clean antecedents
  • parity

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90912 of 2025
                       Arising Out of PS. Case No.-264 Year-2025 Thana- KAKO District- Jehanabad
                 ======================================================
                 Shirjal Paswan @ Shivjanam Paswan Son of Rajendra Paswan @ Ravindra
                 Paswan Resident of Village - Ramdani, P.S.- Kako, District - Jehanabad

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Umesh Kumar, Advocate
                 For the State           :        Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

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

                   190, 126(2), 115(2), 109(1), 76, 324(4), 303(2), 352 and 351(2)

                   of the B.N.S..

                                3. The prosecution case, in brief, is that on 22.07.2025

                   at about 8:30 PM in the evening, all 9 F.I.R. named and 10 to 15

                   unknown accused persons, armed with lathi and danda, came at

                   the house of informant, abused and assaulted informant and her

                   family members and also outraged the modesty of female

                   members of the family.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.90912 of 2025(2) dt.10-02-2026
                                            2/3




          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. Petitioner is not named in the F.I.R..

          Name of petitioner transpired in this case during course of

          investigation. From bare perusal of the F.I.R. it is apparent that

          specific accusation of assault is against co-accused Deepak

          Mishra, Sintu yadav and Kidar Yadav. Rest of the allegations are

          ornamental in order to make the case grave. It is further

          submitted that co-accused Ritesh Kumar, having similar and

          identical allegations, has already been granted the privilege of

          anticipatory bail by this Hon’ble Court vide order dated

          17.11.2025 passed in Cr. Misc. No. 72786 of 2025. Petitioner

          claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, claim based on

          parity and clean antecedents of the petitioner, the prayer for

          grant of anticipatory bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.
             Patna High Court CR. MISC. No.90912 of 2025(2) dt.10-02-2026
                                                         3/3




                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned S.D.J.M., Jehanabad in

                       connection with Kako P.S. Case No. 264 of 2025, subject to

                       condition as laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.