Subhash Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17351 of 2026 Arising Out of PS. Case No.-364 Year-2025 Thana- DINARA District- Rohtas ====================================================== 1.
Subhash Paswan S/o Rameshwar Paswan Resident of Village - Belbaiya, P.S.- Dinara, District- Rohtas 2.
Rameshwar Paswan S/o Late Ramdeo Paswan Resident of Village - Belbaiya, P.S.- Dinara, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prem Kumar Paswan, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-03-2026 Heard Mr.Prem Kumar Paswan, learned counsel for the petitioners and Mr.Yogendra Kumar, learned A.P.P. for the State.
2. The petitioners seek bail, who are in custody since 09.09.2025 in connection with S.Tr.No.453/2025 arising out of Dinara P.S. Case No. 364 of 2025, FIR dated 31.07.2025 registered for the offence under Sections 191(2), 191(3), 190, 121(1), 121(2), 324(5), 132 and 109 of the BNS, 2023.
4. As per prosecution case, a mob of 200 persons assembled near Dinara police station and started shouting slogans against the police. Thereafter, they attacked the police station and started damaging articles kept there. They also
2/4 assaulted the informant, who was only official present in the police station. The informant received injuries in the hands of the attackers.
4. Learned counsel appearing for the petitioners submits that although the petitioners are named in the FIR but from a bare perusal of the FIR it appears from the FIR that there is no specific allegation of any assault or overt-act attributed against the petitioners rather there is general and omnibus allegation against all 52 FIR named accused persons including the petitioners and 100 unknown persons and name of the petitioners has been transpired during investigation on the basis of CCTV Footage and similarly situated co-accused persons, namely, Baleshwar Ram, Shivji Paswan, Dharmendra Ram and others have been granted bail by different Coordinate Benches of this Hon'ble Court vide order dated 28.01.2026 passed in Cr. Misc. Nos.5055 of 2026, 3341 of 2026 and 3483 of 2026 respectively and the police, after investigation, submitted chargesheet against the petitioners and the petitioners are in custody since 09.09.2025.
5. Learned APP for the State has opposed the prayer for bail of the petitioners and submits that petitioner No.1 carries four more cases and petitioner No.2 carries three more
3/4 case other than the present one, as mentioned in paragraph-3 of the bail petition.
6. Considering the aforesaid fact, there is no specific allegation of any assault or overt-act attributed against the petitioners in the FIR and similarly situated co-accused persons have been granted bail by different Coordinate Benches of this Hon'ble Court, let the petitioners, above named, 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 Additional Sessions Judge-1st, Bikramganj, Rohtas in connection with S.Tr.No.453/2025 arising out of Dinara P.S. Case No. 364 of 2025, with the 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
4/4 any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for 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