Ganga Sagar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21246 of 2026 Arising Out of PS. Case No.-31 Year-2017 Thana- MAHISHI District- Saharsa ====================================================== Ganga Sagar Paswan S/o Ramkisun Paswan @ Ramkishun Paswan R/O Vill.- Pastwar, P.S.- Mahishi, Dist.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amarnath Jha, Advocate.
For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-04-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Mahishi P.S. Case No. 31 of 2017 registered for the offence punishable under Sections 341, 323, 325, 307, 504 and 506/34 of the Indian Penal Code and Section 30(a) of the Bihar prohibition and Excise Act, as amended uptodate.
3. As per the allegation made in the F.I.R., while the petitioner along with other co-accused was consuming liquor, informant objected to sell wine, to this, all the accused persons including the petitioner assaulted the informant and his family members.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and the
Patna High Court CR. MISC. No.21246 of 2026(2) dt.16-04-2026 2/3 allegation alleged against the petitioner is ornamental. There is no recovery of liquor from the possession of the petitioner. The police has submitted the final form in absence of any material or evidence collected in course of investigation. The petitioner has clean antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the F.I.R., there is no recovery of liquor from the possession of the petitioner, so far as injury sustained by the victim is concerned, learned District Court is directed to verify the injury sustained by the victim and if it is found that the injury which is attributable to the petitioner is simple in nature, the petitioner, above named, be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending in connection with Mahishi P.S. Case No. 31 of 2017, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.
Patna High Court CR. MISC. No.21246 of 2026(2) dt.16-04-2026 3/3
7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T