Kamindar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6273 of 2026 Arising Out of PS. Case No.-173 Year-2025 Thana- ASHTHAWAN District- Nalanda ====================================================== Kamindar Paswan S/o Sheonandan Paswan @ Shivnandan Paswan R/o Village - Chulihari, Post - Noawan, P.S.- Asthawan, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :
Mr. Anil Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-04-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 03.06.2025 in connection with Asthawan P.S. Case No. 173 of 2025 for the offences punishable under Sections 109(1), 118(2), 127(2), 303(2) and 3(5) of BNS.
3. The case of the prosecution, in brief, is that informant, Chandan Kumar alleged that he and Pritam Kumar, the son of his uncle's brother-in-law were going to Lakhanu Bigha in a tempo to meet a friend. The Petitioner, Chirag Paswan and Raviraj Paswan stopped the tempo near the Lakhanu Bigha turn, stabbed them with knives with the intention of killing and injuring them. When people nearby came, they snatched Pritam Kumar's Motorola mobile and fled.
Patna High Court CR. MISC. No.6273 of 2026(5) dt.28-04-2026 2/3 They were then brought to Biharsharif for treatment.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and is innocent and he has falsely been implicated in the present case. Learned counsel for the petitioner submits that police after investigation has submitted charge-sheet under Sections 109(1), 118(2), 103(1) 303(2) and 3(5) of BNS. Learned counsel for the petitioner further submits that although the petitioner is named in the FIR but from bare perusal of the allegation as alleged in the FIR it appears that there is no direct and specific allegation against the petitioner rather the allegations are general and omnibus in nature.
5. The learned Additional Public Prosecutor for the State on the basis of materials available on record and the case dairy has vehemently opposed the prayer for bail of the petitioner and submits that from bare perusal of the allegation as alleged in the FIR it appears that there is direct and specific allegation against the petitioner that he has assaulted the deceased by means of knife along with other co-accused persons. It is next submitted that from bare perusal of the postmortem report of the deceased it appears that four stab injuries were found on the person of the deceased which
Patna High Court CR. MISC. No.6273 of 2026(5) dt.28-04-2026 3/3 suggests that all the accused persons have assaulted to the deceased by means of knife and apart from that informant has also sustained injury.
6. Considering the facts and circumstances of the case supported by the medical evidence, I am not inclined to enlarge the petitioner on bail in connection with Asthawan P.S. Case No. 173 of 2025 pending in the court of learned Judicial Magistrate, First Class, Nalanda at Biharsharif.
7. Prayer is refused.
(Rajesh Kumar Verma, J) Gaurav Sinha/- U T