Sahdeo Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9864 of 2026 Arising Out of PS. Case No.-143 Year-2025 Thana- Kumarbagh District- West Champaran ====================================================== 1.
Sahdeo Kumar S/O Sri Dhruv Paswan 2.
Paras Kumar @ Paras Paswan S/O Chandrika Paswan 3.
Jagat Paswan S/O Vishwanath Paswan.
All R/O Village- Jabdaul, Dubey Tola, P.S- Kumarbagh, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharad Kumar Verma, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-02-2026 Heard Mr.Sharad Kumar Verma, learned counsel for the petitioners and Mr.Sanjay Kumar Tiwary, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Kumarbagh P.S. Case No.143 of 2025, dated 25.07.2025 registered for the offences punishable under Sections 191(2), 126(2), 115(2), 118(1), 109, 329(3), 352, 351(2)/3(5) of BNS, 2023.
3. According to prosecution case, there is specific allegation against petitioner No.3, namely, Jagat Paswan that he has assaulted to the husband of the informant and there is general and omnibus allegation against petitioner Nos. 1 and 2
2/4 that they have assaulted to all the family members of the informant.
4. Learned counsel appearing for the petitioners submits that the petitioners have clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioners have not committed any offence as alleged in the FIR. From a bare perusal of the FIR it appears that the FIR is in two parts. In 1st part, there is specific allegation of assault against petitioner No.3, namely, Jagat Paswan that he has assaulted to the husband of the informant and in 2nd part, there is general and omnibus allegation against all the accused persons including petitioner Nos. 1 and 2 that they have assaulted to all the family members of the informant. The injury report of the husband of the informant suggests that the injury is simple in nature and there is no specific allegation of assault upon the informant that who has assaulted.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, petitioners have clean antecedent, there is no specific allegation against the petitioners as alleged in the FIR and injury inflicted upon the husband of the informant is simple in nature, let the petitioners,
3/4 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)each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bettiah, West Champaran in connection with Kumarbagh P.S. Case No.143 of 2025 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS, 2023 and with other following conditions:- (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. (II) If the petitioners tamper 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 petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for
4/4 cancellation of bail bond of the petitioners. 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) Nitesh/- U T