Patna High Court
Devendra Paswan @ Lala Paswan @ Lallu Paswan @ Devendra Kumar RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioners are entitled to bail subject to a bond of Rs.10,000 each with two sureties, under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Devendra Paswan and Panchanand Ram, were arrested in connection with an FIR alleging assault on Golu Kumar, resulting in a simple head injury. They sought bail, claiming a clean antecedent and arguing that the injury was minor. The State opposed the bail application, citing the seriousness of the offenses listed under sections 191(2), 190, 115(2), 126(2), 308(3) and 109 of the Bharatiya Nagarik Suraksha Sanhita. The Court examined the nature of the injury, the petitioners' clean record, and the circumstances of the case. Relying on section 482(2) of the BNS, the Court granted bail on the condition of a Rs.10,000 bond per petitioner with two sureties each and required surrender within eight weeks. The bail order was directed to be recorded by the Judicial Magistrate of Bhojpur Ara.
Issues considered
- What is the appropriateness of granting bail to the petitioners given the nature of the alleged assault and the sections of the BNS invoked?
- Does the petitioners' clean antecedent and the simple nature of the injury justify bail under section 482(2) of the BNS?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 308(3), 482(2)
Subjects
- bail
- assault
- simple injury
- clean antecedent
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.95 of 2026
Arising Out of PS. Case No.-366 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
1 . Devendra Paswan @ Lala Paswan @ Lallu Paswan @ Devendra Kumar Raj
S/o- Dadan Ram R/v- Erroda Ps- Udwant Nagar Dist- Bhojpur
2. Panchanand Ram @ Sanjay S/o- Shardanand Ram R/v- Erroda Ps- Udwant
Nagar Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyanshu Kumar Singh
For the Opposite Party/s : Mr.Brajendra Nath Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioners and
the State .
2. Petitioners apprehend his arrest in a case registered
for the offence punishable under sections 191(2), 190, 115(2),
126(2), 308(3) and 109 of BNS.
3 . As per F.I.R. informant alleged that these
petitioners assaulted on the head of one Golu Kumar due to
which he sustained injury . Doctor has found the injury simple
in nature . Petitioners claim clean antecedent.
4. Learned counsel for the State opposed the bail
petition .
5 . Considering the aforesaid facts, nature of injury ,
Patna High Court CR. MISC. No.95 of 2026(2) dt.20-01-2026
2/2
clean antecedent of these petitioners and other circumstances of
the case , in the event of arrest or surrender within eight weeks
from today, let the petitioners, as named above, be enlarged 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
the learned Judicial Magistrate Bhojpur Ara in connection with
Udwant Nagar P.S. Case No. 366 of 2025 , subject to the
conditions laid down under section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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