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Patna High Court

Rajesh PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

Petitioner Rajesh Paswan sought anticipatory bail after an FIR alleged that he assaulted the husband of an informant with an iron rod, invoking sections 115(2), 126(2), 118(1), 109(1) and 3(5) of the Bharatiya Nyaya Sanhita. The petitioner contended that the injury was minor, he and the informant's husband are co‑habitants (gotiyas), and the case is a retaliatory filing linked to an earlier complaint he lodged. He asserted a clean antecedent and pleaded innocence. The State opposed the bail application. Considering the nature of the allegation, the minor injury, the petitioner’s clean record, and the surrounding circumstances, the Court granted anticipatory bail, directing the petitioner to surrender within eight weeks and furnish a bail bond of Rs. 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the allegations under the Bharatiya Nyaya Sanhita

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • assault
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.999 of 2026
                      Arising Out of PS. Case No.-309 Year-2025 Thana- BIRAUL District- Darbhanga
                 ======================================================
                 Rajesh Paswan Son of Sahdeo Paswan Resident of Village- Fakirna, P.S.-
                 Biraul, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shailendra Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 115(2), 126(2), 118(1),

                   109(1) and 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., this petitioner assaulted on the head

                   of husband of the informant with iron rod.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Injury

                   caused by the petitioner is simple in nature. As a matter of fact,

                   husband of the informant and petitioner are gotiyas and are

                   living in the same courtyard. Present case is counter blast of

                   Biraul P. S. Case No. 312 of 2025 which was lodged by bhabhu

                   of this petitioner against informant’s husband and others on

                   29.8.2025. Petitioner claims clean antecedent.
              Patna High Court CR. MISC. No.999 of 2026(2) dt.21-01-2026
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                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering backdrop of the case, nature of

                        accusation, injury and clean antecedent, this anticipatory bail is

                        allowed and it is ordered that let the above named petitioner in

                        the event of his arrest/surrender before the court below within a

                        period of eight weeks from today, be enlarged on bail on

                        furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                        sureties of the like amount each to the satisfaction of A.C.J.M.-I,

                        Biraul, Darbhanga in connection with Biraul P. S. Case No. 309

                        of 2025, corresponding to G.R. No. 910 of 2025, subject to

                        condition as laid down under Section 482(2) of the Bharatiya

                        Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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