Patna High Court
Mithun Paswan @ Mithun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 118(2), 126(2), 303(2), 326(F), 3(5), 351(2), 351(3), 352, 62
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
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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.
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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/-
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