Dharmendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5752 of 2025 Arising Out of PS. Case No.-302 Year-2024 Thana- BARHARA District- Bhojpur ====================================================== Dharmendra Paswan Son of Late Kishun Paswan Resident of Village - Bishunpur, Police Station - Barhara, District - Bhojpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barhara P.S. Case No. 302 of 2024 instituted for the offences under Sections 115(2), 126(2), 118(1), 117(2), 109(1), 76, 303(2), 3(5) of the BNS.

3. Prosecution case, in short, is that, on the alleged date and time, all the accused persons including this petitioner with common intention assaulted the informant and her family members. It is further alleged that this petitioner assaulted the husband of the informant by means of sword.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.5752 of 2025(4) dt.05-05-2025 2/3 Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. Learned counsel further submitted that the only specific allegation against the petitioner is of assaulting the informant's husband with sword. Learned counsel further submitted that as per injury report of the informant's husband, four simple injuries have been caused to him and two other injuries are reserved. There is case and counter-case between the parties. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.10.2024 and has no criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection withBarhara P.S. Case No. 302 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.5752 of 2025(4) dt.05-05-2025 3/3 the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) 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.

(Rudra Prakash Mishra, J) Alok Verma/- U T