Dismissed¶25

Neeraj Paswan v. The State of Bihar

Patna HC15 Jul 2026CR. MISC./22268/2026

Case brief

AI extract

What is this about?

Keywords: anticipatory bail rejected; named accused; grievous injury (fracture of hand) caused to Gaurav; death of Saurabh Kumar; Sections 307/302 IPC; FIR of 2023; three-year delay in approaching High Court; earlier Sessions Judge rejection; surrender within four weeks with same-day disposal direction; Neeraj Paswan v. The State of Bihar; Patna High Court CRIMINAL MISCELLANEOUS No.22268 of 2026; Belaganj P.S. Case No. 706 of 2023, District Gaya; decided 15-07-2026 by Justice Rajiv Roy.

What did the court decide?

Limited accommodation only: if the petitioner surrenders within four weeks, the Court concerned shall take up the matter and dispose of it preferably on the same day; anticipatory bail itself was rejected. ¶25

Neeraj Paswan Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

¶25

Issue for consideration

Whether the petitioner, apprehending arrest in Belaganj P.S. Case No. 706 of 2023 registered under Sections 147, 148, 149, 307, 302, 504, 506, 386 IPC, is entitled to anticipatory bail from the High Court despite his specific alleged role and despite the earlier rejection of his anticipatory bail application by the learned Sessions Judge and the delay in approaching the High Court.

¶15

Ratio / Principle

Relief was refused having regard to the specific role assigned to the petitioner of assaulting Gaurav causing grievous injury (fracture of the hand), coupled with the facts that the FIR is of the year 2023, that the petitioner is a named accused, that he came to the High Court about three years after the FIR and about two years after the learned Sessions Judge rejected his anticipatory bail application.

¶25

Key takeaways

On the above considerations, no relief could be extended and the anticipatory bail application stands rejected.ratio¶25
If the petitioner surrenders within a period of four weeks, the Court concerned shall take up the matter and dispose of it preferably on the same day.ratio¶26

Detailed headnote1 paragraphs

Anticipatory bail - Dismissed. The Patna High Court (Rajiv Roy, J) rejected the anticipatory bail application of a named accused in Belaganj P.S. Case No. 706 of 2023 (Sections 147, 148, 149, 307, 302, 504, 506, 386 of the Indian Penal Code, lodged 29.10.2023), in which the petitioner and other co-accused were alleged to have assaulted Gaurav with rods causing fracture of the hand, while Saurabh Kumar, assaulted by Ramji Paswan, later succumbed. Weighing the grievous-injury role assigned to the petitioner against his conduct of approaching the High Court about three years after the FIR and about two years after the learned Sessions Judge had rejected his earlier anticipatory bail application, the Court held that no relief could be extended and the anticipatory bail stood rejected. As a concession, the Court directed that if the petitioner surrendered within four weeks, the Court concerned would take up the matter and dispose of it preferably on the same day.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22268 of 2026

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Arising Out of PS. Case No.-706 Year-2023 Thana- BELAGANJ District- Gaya

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======================================================

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Neeraj Paswan S/o Rajesh Paswan Resident of village- Dariyapur, P.S.Belaganj, Distt- Gaya

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Ms.Rabia Gulnaz, Advocate For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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4 15-07-2026

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Heard Ms.Rabia Gulnaz, learned counsel for the petitioner and the State.

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The petitioner is apprehending arrest in connection with Belaganj P.S. Case No. 706 of 2023 instituted under Sections 147, 148, 149, 307, 302, 504, 506, 386 of the Indian Penal Code lodged on 29.10.2023 by the informant, Kailash Paswan.

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As per the prosecution story, the informant recorded his FIR from Magadh Medical College, Gaya (emergency ward) alleging that he used to take care of the construction of the school boundary wall but was regularly threatened by the accused persons of dire consequences.

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On 27.10.2023, the accused persons came armed variously and the allegation is that Ramji Paswan assaulted

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Patna High Court CR. MISC. No.22268 of 2026(4) dt.15-07-2026 2/3

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Saurabh Kumar by rod on his ear, Laxman Paswan gave rod blow to the informant on the head while Raushan Kumar gave revolver butt blow to his wife, Sunita Devi on the head.

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So far as this petitioner alongwith other co-accused are concerned they armed with rod assaulted Gaurav which resulted into fracture of the hand. The assault on Akash Kumar leading to broken tooth is/are also there. Later, Saurabh Kumar succumbed to the injuries on 29.10.2023. This followed the FIR.

¶21

Learned counsel for the petitioner submits that his name has come in the second part of the FIR, earlier being against Ramji Paswan, Laxaman Paswan and Raushan Kumar. Further, allegation is omnibus in nature.

¶22

Learned APP, Mr. Jitendra Kumar Singh opposes the prayer submitting that he alongwith other co-accused assaulted Gaurav which led to fractured hand. The further submission is that in a case under section 302 of the IPC, F.I.R. lodged in the year 2023, he is a named accused, the anticipatory bail application before the learned Sessions Judge was filed in the year 2024, it was rejected. However, it took two years for the petitioner to come to the Patna High Court.

¶23

Taking into account the submissions of the parties

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Patna High Court CR. MISC. No.22268 of 2026(4) dt.15-07-2026 3/3

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as also the role that has been assigned to the petitioner of assaulting Gaurav causing grievous injury coupled with the fact that this F.I.R. is of the year 2023, the petitioner despite being a named accused has chosen to come before this Court three years after the lodging of the FIR and after two years after the rejection of the anticipatory bail application by the learned Sessions Judge, no relief can be extended. The anticipatory bail stands rejected.

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However, if the petitioner surrenders within a period of four weeks from today, the Court concerned shall take up the matter and dispose it of preferably on the same day.

¶27

(Rajiv Roy, J)

¶28

Ravi/-

¶29

U T

Neeraj Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Neeraj Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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