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Patna High Court

Mithun Paswan @ Mithun KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners.

Summary

The petitioners, Mithun Paswan and Santosh Paswan, applied for anticipatory bail in a case (Lakho PS Case No. 178 of 2025) alleging offences under multiple sections of the Bharatiya Nyaya Sanhita, including assault, arson and robbery. The FIR, lodged three months after the alleged incident, described the petitioners and others attacking an informant’s house, causing simple injuries and stealing valuables. The petitioners claimed innocence, alleging a long‑standing land dispute and asserting that the delay in filing the FIR and the non‑disclosure of a prior criminal antecedent were inadvertent. The learned counsel argued that the injuries were simple and the omission was not intentional. The court, after considering these submissions, was inclined to grant anticipatory bail, imposing a bail bond of Rs.10,000 with two sureties and subjecting the petitioners to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The application was therefore allowed.

Issues considered

  • Whether anticipatory bail should be granted despite the petitioners being charged with offences under Sections 126(2), 115(2), 118(1), 118(2), 303(2), 109, 326(F), 62, 352, 351(2)&(3), 3(5) of the Bharatiya Nyaya Sanhita.
  • Whether the three‑month delay in lodging the FIR and the simple nature of injuries justify granting bail.
  • Whether the failure to disclose a prior criminal antecedent is a ground to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • FIR delay
  • simple injuries
  • non‑disclosure of antecedent
  • land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9333 of 2026
                        Arising Out of PS. Case No.-178 Year-2025 Thana- Lakho District- Begusarai
                 ======================================================
           1.     Mithun Paswan @ Mithun Kumar S/o- Suresh Paswan R/v- W.No-45,
                  Bazidpur @ Bajeetpur Po- Mirzapur Banduar @ Bandwar Ps- Lakho Dist-
                  Begusarai
           2.    Santosh Paswan S/o- Kapoor Paswan R/v- W.No-45, Bazidpur @ Bajeetpur
                 Po- Mirzapur Banduar @ Bandwar Ps- Lakho Dist- Begusarai

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :        Mr. Akshay Lal Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   24-02-2026                   Heard learned Counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. This application, for grant of anticipatory bail,

                   arises out of Lakho Police Station Case No. 178 of 2025,

                   disclosing offences under Sections 126(2), 115(2), 118(1),

                   118(2), 303(2), 109, 326(F), 62, 352, 351(2) & (3), 3(5) of

                   Bharatiya Nyaya Sanhita.

                                3. The prosecution case, as per the First Information

                   Report, on 17.05.2025 at about 9:00 P.M., the petitioners along

                   with other accused persons, armed with lathi, danda, and knife,

                   came to the informant’s house, started burning his ‘Bhuskar’,

                   and assaulted the informant, his father, and Amit Kumar,
Patna High Court CR. MISC. No.9333 of 2026(2) dt.24-02-2026
                                            2/3




          causing injuries. They also snatched and damaged the

          informant’s mobile, took his father’s watch, and took Rs. 500/-

          from the informant’s pocket.

                        4. Learned Counsel for the petitioners submits that

          petitioners are innocent and have falsely been implicated in this

          case. There is long standing land dispute between the parties.

          From perusal of the FIR, it is evident that the date of occurrence

          is 17.05.2025, but the FIR lodged on 21.08.2025 after the delay

          of approximately more than three months without explaining

          any reason of delay. The injuries sustained by the informant’s

          side are simple in nature. The petitioners, inadvertently, could

          not disclosed one criminal antecedent, accordingly the bail

          application was rejected by the Court below while granting bail

          to other co-accused person on the ground that the injuries are

          simple in nature. Learned counsel further submits that it was a

          bona fide mistake on part of the petitioners, and the non-

          disclosure of the criminal antecedent was not intentional.

                        5. Regards being had to the submissions made on

          behalf of the parties and taking into consideration the

          justification given by learned counsel for the petitioners, I am

          inclined to grant the petitioners privilege of anticipatory bail.

                       6. This application is, accordingly, allowed.
           Patna High Court CR. MISC. No.9333 of 2026(2) dt.24-02-2026
                                                       3/3




                                  7. Let the petitioners, above named, in the event of

                     their arrest or surrender before the Court below within four

                     weeks, be released on bail on furnishing bail bond of Rs.

                     10,000/- (Ten Thousand) each with two sureties of the like

                     amount each to the satisfaction of learned Chief Judicial

                     Magistrate, Begusarai, in connection with Lakho Police Station

                     Case No. 178 of 2025, subject to the condition laid down under

                     Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


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