Niraj Paswan @ Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12513 of 2026 Arising Out of PS. Case No.-252 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== 1.
Niraj Paswan @ Niraj Kumar S/O Madan Paswan Village- Sundar Kumahari, P.S.- Barachatti, Dist- Gaya 2.
Madan Paswan S/O late Gopal Paswan Village- Sundar Kumahari, P.S.- Barachatti, Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-03-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in connection with Barachatti P.S. Case No. 252 of 2023, dated 08.03.2023, lodged under Sections 147, 149, 341, 342, 323, 308, 504 and 506 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against nine named accused persons, including the present petitioners, alleging that they entered into the house of the informant and assaulted them by means of lathi and danda, due to which injuries have been sustained by the informant's side.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence.
Patna High Court CR. MISC. No.12513 of 2026(2) dt.12-03-2026 2/3 Counsel further submits that the petitioners have falsely been implicated in this case. Counsel further submits that the allegations in the FIR are general and omnibus in nature. Counsel further submits that from the injury report, it becomes crystal clear that the injuries sustained are simple in nature. Counsel further submits that similarly situated persons have already been granted bail by the co-ordinate Bench of this Court vide order dated 11.08.2025 passed in Cr. Misc. No. 51051 of 2025.
5. Learned APP for the State opposes the prayer for bail of the petitioners but fairly submits that the allegations are general and omnibus in nature.
6. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of A.C.J.M.-IInd, Sherghati at Gaya, in connection with Barachatti P.S. Case No. 252 of 2023, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023 with further condition/s:-
Patna High Court CR. MISC. No.12513 of 2026(2) dt.12-03-2026 3/3 (i) one of the bailor should be the family member of the petitioners who shall provide official document to show his bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) The Trial Court is hereby directed to verify the criminal antecedents of the petitioners, and in case it is found at any stage that the petitioners have concealed their criminal antecedents, the Trial Court shall take steps for cancellation of the petitioners' bail bond. However, the acceptance of the bail bond in terms of the above-mentioned order shall not be delayed for the purpose of or in the name of verification. (Dr. Anshuman, J.) Aman Kumar/- U T