Manish Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12392 of 2026 Arising Out of PS. Case No.-468 Year-2025 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.
Manish Kumar Paswan S/o- Amik Paswan Resident of Village- Olapur PSPirpainti, Dist- Bhagalpur 2.
Chandani Devi @ Anjana Devi W/o- Amik Paswan Resident of VillageOlapur PS- 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.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 25-02-2026 Heard the learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Pirpainti P.S. Case No.468 of 2025, F.I.R dated 18.10.2025 registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 18.10.2025 at about 6:00 A.M., the petitioner and other accused were allegedly dumping dust ("Gardi") on the road forcibly. When the informant, Mahesh Paswan, objected, they assaulted him with
2/4 lathi-danda, causing head injuries. His son, who intervened, was also assaulted and sustained head injuries.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It has next been submitted that there is no specific allegations levelled in the F.I.R. rather the allegations are general and omnibus and there is case and counter case and both the parties have sustained injuries and the injuries sustained by the family members of the petitioners, is annexed as AnnexureP5 series while the injuries sustained by the informant are simple in nature, which is annexed as Annexure-P2. Lastly, it has been submitted that the petitioner No.1 has clean antecedent while petitioner No.2 has one criminal antecedent but is on bail in the said case.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Considering the aforesaid facts and circumstances that there is case and counter case and both the parties have sustained injuries and the petitioner No.1 has clean antecedent while petitioner No.2 has one criminal antecedent but is on bail in the said case. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioners.
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7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 C.J.M., Bhagalpur, in connection with Pirpainti P.S. Case No.
(iv) the petitioner(s) shall desist from committing any
4/4 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) sharun/- U T