Patna High Court
Rajesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 3(5)
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
2/2
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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