Sudarshan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4974 of 2026 Arising Out of PS. Case No.-468 Year-2025 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

Sudarshan Paswan Son of Kailash Paswan Resident of Village - Olapur, P.S. - Pirpainti, Dist. - Bhagalpur.

2.

Sunil Paswan Son of Kailash Paswan R/o Village - Olapur, P.S. - Pirpainti, Dist. - Bhagalpur.

3.

Pamo Devi W/o Kailash Paswan R/o Village - Olapur, P.S. - Pirpainti, Dist. - Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar No.6, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-02-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitionerd who apprehend arrest in connection with Pirpainti P.S. Case No. 468/2025 lodged on 18.10.2025, for the offences punishable under sections 191(2), 190, 126(2), 115(2), 109, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution, the F.I.R. has been lodged alleging therein that all the accused persons, variously armed, came and assaulted the informant by causing a blow on his head, as a result of which he sustained injuries. It is further

Patna High Court CR. MISC. No.4974 of 2026(2) dt.04-02-2026 2/3 alleged that when the son of the informant came to rescue him, he was also assaulted by the accused persons.

4. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. He further submits that the informant and the petitioners are relatives and that the alleged occurrence has arisen out of a long-standing land dispute between them. It is submitted that due to the said land dispute, several cases are pending between the parties, and in this background, three other criminal cases are also pending against the petitioners, in which they are already on bail. In this regard, a Panchnama was prepared (Annexure-3 to the bail application); however, the parties have not been adhering to the conditions stipulated therein. Learned counsel further submits that, in order to save his own skin in Pirpainti P.S. Case No. 467 of 2025, which was lodged by the petitioners, the informant has instituted the present case as a counterblast. It is further submitted that the injury report annexed to the record indicates that the injuries sustained by the informant are simple in nature.

5. Learned APP for the State opposes the prayer for bail.

6. In the facts and circumstances and considering that

Patna High Court CR. MISC. No.4974 of 2026(2) dt.04-02-2026 3/3 there is case and counter case between the parties in the background of land dispute, let the above named petitioners be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the learned CJM, Bhagalpur, in connection with the aforementioned case, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Dr. Anshuman, J) Ashwini/- U T