Patna High Court
Shirjal Paswan @ Shivjanam PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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
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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
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