Patna High Court
Sahdeo KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Anticipatory bail is granted to the petitioners subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS, 2023.
Summary
The petitioners, three residents of Jabdaul village, sought anticipatory bail fearing arrest in a case registered on 25 July 2025 for offences under several sections of the BNS Act, 2023, including assault. The prosecution alleged that petitioner No.3, Jagat Paswan, assaulted the informant's husband, while a general allegation was made against petitioners No.1 and No.2 for assaulting the informant's family. The petitioners contended they have a clean antecedent, the FIR is fabricated, and the injury to the husband was minor. The court examined the FIR, noted the lack of specific allegations against petitioners No.1 and 2 and the simple nature of the injury, and found no reason to deny bail. Accordingly, the court granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail bonds were set at Rs.10,000 each with two sureties, and the order directed prompt surrender to the lower court if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR alleging assault.
- Whether the FIR contains specific and credible allegations against petitioners No.1 and 2.
- Whether the nature of the alleged injury and the petitioners' clean antecedent justify bail.
Legislation cited
- BNS, 2023 — s. 109, 115, 118, 126, 191, 329, 351, 352
- BNSS, 2023 — s. 482
- Code of Criminal Procedure — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- assault
- false FIR
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9864 of 2026
Arising Out of PS. Case No.-143 Year-2025 Thana- Kumarbagh District- West Champaran
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1. Sahdeo Kumar S/O Sri Dhruv Paswan
2. Paras Kumar @ Paras Paswan S/O Chandrika Paswan
3. Jagat Paswan S/O Vishwanath Paswan.
All R/O Village- Jabdaul, Dubey Tola, P.S- Kumarbagh, Distt.- West
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharad Kumar Verma, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 25-02-2026 Heard Mr.Sharad Kumar Verma, learned counsel for
the petitioners and Mr.Sanjay Kumar Tiwary, learned Additional
Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Kumarbagh P.S. Case No.143 of 2025, dated
25.07.2025 registered for the offences punishable under
Sections 191(2), 126(2), 115(2), 118(1), 109, 329(3), 352,
351(2)/3(5) of BNS, 2023.
3. According to prosecution case, there is specific
allegation against petitioner No.3, namely, Jagat Paswan that he
has assaulted to the husband of the informant and there is
general and omnibus allegation against petitioner Nos. 1 and 2
Patna High Court CR. MISC. No.9864 of 2026(2) dt.25-02-2026
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that they have assaulted to all the family members of the
informant.
4. Learned counsel appearing for the petitioners
submits that the petitioners have clean antecedent. The
allegation as alleged in the FIR is false and fabricated and the
petitioners have not committed any offence as alleged in the
FIR. From a bare perusal of the FIR it appears that the FIR is in
two parts. In 1st part, there is specific allegation of assault
against petitioner No.3, namely, Jagat Paswan that he has
assaulted to the husband of the informant and in 2nd part, there is
general and omnibus allegation against all the accused persons
including petitioner Nos. 1 and 2 that they have assaulted to all
the family members of the informant. The injury report of the
husband of the informant suggests that the injury is simple in
nature and there is no specific allegation of assault upon the
informant that who has assaulted.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, petitioners have
clean antecedent, there is no specific allegation against the
petitioners as alleged in the FIR and injury inflicted upon the
husband of the informant is simple in nature, let the petitioners,
Patna High Court CR. MISC. No.9864 of 2026(2) dt.25-02-2026
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above named, in the event of their arrest or surrender before the
court below within a period of thirty days from the date of
receipt of the order, 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 Judicial Magistrate,
1st Class, Bettiah, West Champaran in connection with
Kumarbagh P.S. Case No.143 of 2025 subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure/Section 482(2) of BNSS, 2023 and with other
following conditions:-
(I) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
Patna High Court CR. MISC. No.9864 of 2026(2) dt.25-02-2026
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cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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