Bipin Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18966 of 2025 Arising Out of PS. Case No.-354 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== Bipin Paswan Son of Vakeel Paswan Resident of village- Taufir Gadhiya, P.sChautham, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar For the Opposite Party/s :
Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 109, 303(2), 352, 351(2), 351(3), 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that Forest Department prohibited felling of tree in the forest area, the petitioner indulged in cutting forest tree, thus apprehended that informant had informed the forest officials based on which prohibitory order came to be issued, thus petitioner along with other accused came and petitioner assaulted the informant by butt of gun causing injury on head,
Patna High Court CR. MISC. No.18966 of 2025(3) dt.15-05-2025 2/3 while Balo assaulted his brother by an iron causing injury on head while Lalita Devi snatched golden chain.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant on account of previous dispute. It is next submitted that in nature of allegation no offence under section 109 and 303(2) of the B.N.S.S. is made out. It is further submitted that from the order impugned, it would manifest that the nature of injury has not been recorded.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chautham P.S. Case No.354/2024, corresponding to G.R. No.3763/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
Patna High Court CR. MISC. No.18966 of 2025(3) dt.15-05-2025 3/3
7. However, the learned trial court after accepting the provisional anticipatory bail bonds of the petitioner shall verify the injury report of the informant and in the event if it is found that informant suffered grievous injury on head, in that event, the provisional anticipatory bail shall not be confirmed but if it is found that the injury suffered by the informant on head is simple in nature, in that event, the provisional anticipatory bail shall be confirmed forthwith.
(Satyavrat Verma, J) amit/- U T