Harendra Kumar @ Harendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13959 of 2026 Arising Out of PS. Case No.-95 Year-2025 Thana- MALI District- Aurangabad ====================================================== 1.
Harendra Kumar @ Harendra Paswan S/o Bijay Paswan R/o Village - Ugnahi, P.S - Mali, District - Aurangabad 2.
Jitendra Kumar @ Jitendra Paswan S/o Bijay Paswan R/o Village - Ugnahi, P.S - Mali, District - Aurangabad 3.
Sikandar Kumar @ Sikandar Paswan S/o Bijay Paswan R/o Village - Ugnahi, P.S - Mali, District - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 26-02-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in connection with Mali P.S. Case No. 95 of 2025 dated 24.04.2025 registered for the offences punishable under Sections 127(2), 191(1), 190, 118(1), 118(2), 109, 351(2)(3) of the B.N.S.
3. As per the prosecution case, altogether 16 persons are said to have initially forced the informant on the ground and thereafter, the Petitioner No. 3, Sikandar Paswan is said to have assaulted him on his leg and also abused him. It is further alleged that other two named accused persons namely, Vijay
2/4 Paswan and Upendra Paswan had abused and had assaulted the son of the informant.
4. The learned counsel for the petitioners submits that the petitioners have falsely been implicated and the entire family of the petitioners' side have been named in the case on false and concocted story. It has further been submitted that the allegations are general and omnibus in nature and as far as the allegation of assault upon the petitioner no. 3 is concerned, the same is stated to have been inflicted on the leg of the informant. It has lastly been submitted that the petitioners have clean antecedent and similarly situated co-accused persons were granted bail by this Hon'ble Court vide order dated 15.01.2026 passed in Cr. Misc. No. 82031 of 2025 which has been brought on record by way of Annexure-P/2.
5. The learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid submissions made by the parties and taking into account the facts and circumstances of the case, the petitioners above named, are directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail-bonds of Rs. 10,000/-(Rupees Ten
3/4 Thousand)each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Mali P.S. Case No. 95 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of BNSS as well as subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will be liable to be cancelled by the Court concerned. (iv) The trial court shall verify the criminal antecedent of the petitioners and in case, at any stage, it is found that the petitioners have concealed their criminal antecedents, the trial court shall take necessary steps for cancellation of bail bonds 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.
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7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J) Gautam/- U T