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Parmeshwari Paswan Vs The State Of Bihar — Anticipatory Bail | Patna HC (2026)

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Patna HC
2026
Parmeshwari Paswan Vs The State Of BiharParmeshwari Paswan v. The State Of Bihar

Allowed¶21

Parmeshwari Paswan v. The State Of Bihar

Patna HC6 Jan 2026CR. MISC./80163/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Patna High Court; CR. MISC. No.80163 of 2025; Parmeshwari Paswan; Yugeshwar Paswan; State of Bihar; Triveniganj P.S. Case No. 212/2018; Supaul; Sections 188, 353, 34 IPC; encroachment on government land; violation of removal order; investigation complete; charge-sheet submitted; parity with co-accused Mahendra Paswan; Cr. Misc. No. 34635 of 2025; bail bonds Rs.10,000/-; two sureties; J.M.-I Supaul; Section 482(2) Bharatiya Nagarik Suraksha Sanhita; Justice Sunil Dutta Mishra; 06-01-2026.

What did the court decide?

Anticipatory bail granted: petitioners to be released on bail in the event of arrest or surrender before the learned court below within six weeks, on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of learned J.M.-I, Supaul, in connection with Triveniganj P.S. Case No. 212/2018, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Why is it important?

The petitioners shall be released on bail, in the event of arrest or surrender before the learned court below within six weeks, on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned J.M.-I, Supaul in connection with Triveniganj P.S. Case No. 212/2018, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. ¶21

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioners to be released on bail in the event of arrest or surrender before the learned court below within six weeks, on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of learned J.M.-I, Supaul, in connection with Triveniganj P.S. Case No. 212/2018, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issue for consideration

Whether the petitioners, who apprehend arrest in Triveniganj P.S. Case No. 212/2018 registered under Sections 188, 353 and 34 of the Indian Penal Code, are entitled to be released on anticipatory bail.

Court's answer

The petitioners shall be released on bail, in the event of arrest or surrender before the learned court below within six weeks, on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned J.M.-I, Supaul in connection with Triveniganj P.S. Case No. 212/2018, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, CR. MISC. No.80163 of 2025, Sunil Dutta Mishra J., order dated 06-01-2026): Petitioners Parmeshwari Paswan and Yugeshwar Paswan apprehended arrest in Triveniganj P.S. Case No. 212/2018 (District Supaul) registered under Sections 188, 353 and 34 IPC, alleging renewed encroachment in violation of an earlier encroachment-removal order. Investigation was complete and charge-sheet submitted; a similarly situated co-accused, Mahendra Paswan, had already been granted anticipatory bail by a Co-ordinate Bench (order dated 20.08.2025 in Cr. Misc. No. 34635 of 2025). The Court directed release on bail in the event of arrest or surrender within six weeks on bail bonds of Rs.10,000/- each with two like sureties, to the satisfaction of J.M.-I, Supaul, subject to Section 482(2) BNSS conditions.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80163 of 2025

Arising Out of PS. Case No.-212 Year-2018 Thana- TRIVENIGANJ District- Supaul

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

Parmeshwari Paswan S/O Anuplal Paswan @ Anup Paswan R/O Vill.Gonaha, Ward No. - 12, P.S. - Triveniganj, District - Supaul, State - Bihar.

Yugeshwar Paswan @ Guneshwar Paswan @ Gureshwar Paswan S/O Khushilal Paswan R/O Vill.- Gonaha, Ward No. - 12, P.S. - Triveniganj, District - Supaul, State - Bihar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Kuldeep Kumar, Advocate For the Opposite Party/s : Ms. Pushpa Sinha, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 06-01-2026

Heard learned counsel for the petitioners and

learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered under Sections 188, 353 and 34 of the Indian Penal Code.

As per prosecution case, petitioners have again encroached and violated the earlier order of concerned authority with respect to removal of encroachment.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Further submission is that petitioners have never encroached upon the government land and the allegation against them are general in nature. Section 353 of I.P.C. is not applicable in this case. Investigation has already been completed and charge-sheet has been submitted. There is no requirement of

Patna High Court CR. MISC. No.80163 of 2025(2) dt.06-01-2026 2/2

any custodial interrogation of the petitioners. Similarly situated co-accused Mahendra Paswan has already been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 20.08.2025 passed in Cr. Misc. No. 34635 of 2025. Petitioners have no criminal antecedent. They undertake to cooperate in the trial.

Learned A.P.P. appearing on behalf of the State opposed the bail application.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.-I, Supaul in connection with Triveniganj P.S. Case No. 212/2018, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

(Sunil Dutta Mishra, J)

utkarsh/-

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioners, who apprehend arrest in Triveniganj P.S. Case No. 212/2018 registered under Sections 188, 353 and 34 of the Indian Penal Code, are entitled to be released on anticipatory bail.¶15
The court held
The petitioners shall be released on bail, in the event of arrest or surrender before the learned court below within six weeks, on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned J.M.-I, Supaul in connection with Triveniganj P.S. Case No. 212/2018, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.ratio¶21

Cases cited

Colour shows how this judgement treated each authority

AI extract

Cr. Misc. No. 34635 of 2025Referred¶19

Statutes considered

5 provisions across 3 enactments

AI extract

Indian Penal Code188¶15 353¶15 34¶15
I.P.C.353¶17
Bharatiya Nagarik Suraksha Sanhita482(2)¶21

Procedural history

How this case reached the court

AI extract

Prior proceeding
Case registered as Triveniganj P.S. Case No. 212 of 2018, District Supaul, out of which the present application arises.¶2
Prior proceeding
Prosecution allegation: petitioners again encroached upon and violated an earlier order of the concerned authority regarding removal of encroachment.¶16
Prior proceeding
Investigation completed and charge-sheet submitted (as submitted by counsel for the petitioners).¶17
Prior proceeding
Similarly situated co-accused Mahendra Paswan was granted anticipatory bail by a Co-ordinate Bench of this Court (as submitted by counsel for the petitioners).¶19

Parties & counsel

AI extract

petitioner
Parmeshwari Paswan S/O Anuplal Paswan @ Anup Paswan¶4
Kuldeep Kumar
petitioner
Yugeshwar Paswan @ Guneshwar Paswan @ Gureshwar Paswan S/O Khushilal Paswan¶5
Kuldeep Kumar
respondent
The State of Bihar¶9
Pushpa Sinha

Coram

AI extract

Sunil Dutta Mishraauthor¶11

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 6 Jan 2026 · January
Registered: 15 Nov 2025
Case no.: CR. MISC./80163/2025
CNR: BRHC011153252025
Topic: Anticipatory Bail
Bench: Sunil Dutta Mishra
Disposal: ALLOWED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Parmeshwari Paswan v. The State Of Bihar, CR. MISC./80163/2025 (PAT), decided on 6 January 2026.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Cr. Misc. No. 34635 of 2025Referred¶19

Open Authorities

Statutes5

Indian Penal Code188 · 353 · 34
I.P.C.353
Bharatiya Nagarik Suraksha Sanhita482(2)

View all statutes

Procedural history4

Case registered as Triveniganj P.S. Case No. 212 of 2018, District Supaul, out of which the present application arises.
Prosecution allegation: petitioners again encroached upon and violated an earlier order of the concerned authority regarding removal of encroachment.

View full history

Bench / Coram

Sunil Dutta Mishra

Parties & counsel