Sourabh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1684 of 2026 Arising Out of PS. Case No.-255 Year-2025 Thana- GORADIH District- Bhagalpur ====================================================== Sourabh Paswan S/o- Chhabi Lal Paswan Village-Hemra PS- Goradih DisttBhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rana Hason, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-01-2026 Heard Mr. Rana Hason, learned counsel for the petitioner as well as Mr. Vinod Shanker Modi, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 15.09.2025 in connection with Goradih P.S. Case No. 255 of 2025, F.I.R. dated 14.09.2025 for the offences punishable under Sections 126(2), 115(2), 109, 352, 74, 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 27 of Arms Act.
3. According to prosecution case, the informant alleged that the petitioner along with other co-accused persons assaulted the informant and her husband by means of iron rod.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The allegation levelled against the petitioner is
Patna High Court CR. MISC. No.1684 of 2026(2) dt.19-01-2026 2/3 false and fabricated. Although the petitioner is named in the FIR but from bare perusal of the FIR it appears that there is no specific allegation of assault or overt act against him rather specific allegation of firing is attributed against co-accused persons, namely, Bhola Paswan and Anandi Paswan. He further submits that the police after investigation submitted the charge sheet and the petitioner is in custody since 15.09.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and apart from that the petitioner carries one criminal antecedent other than the present one and the same is pending for consideration before the competent Court of law
6. Considering the aforesaid facts and circumstances, there is no specific allegation of assault or overt act attributed against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Goradih P.S. Case No. 255 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.1684 of 2026(2) dt.19-01-2026 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers 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 petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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) Suruchi/- U T