Harendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19009 of 2026 Arising Out of PS. Case No.-22 Year-2025 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1.
Harendra Paswan S/O Sunnar Paswan R/O Village- Dharampur Bande, ward no.- 15, P.O and P.S- Patori, District -Samastipur. 2.
Sanjay Paswan @ Sanjay Kumar S/O Harendra Paswan R/O VillageDharampur Bande, ward no.- 15, P.O and P.S- Patori, District -Samastipur. 3.
Lalan Paswan S/O Rajendra Paswan R/O Village- Dharampur Bande, ward no.- 15, P.O and P.S- Patori, District -Samastipur. 4.
Abhay Kumar @ Abhay S/O Harendra Paswan R/O Village- Dharampur Bande, ward no.- 15, P.O and P.S- Patori, District -Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Kumar, Advocate For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-04-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 109, 303(2), 47, 352 and 351(2) of the B.N.S.
3. The allegation in the First Information Report is that the petitioners have assaulted the informant and his family members by means of iron rod and butt of gun.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.19009 of 2026(2) dt.06-04-2026 2/3 although the names of these accused persons have been taken in the First Information Report, the allegation is against 18-20 persons of assaulting the son of the informant, Abhishek Kumar and also assaulting the mother and wife of the informant causing injuries to them. It is further submitted that the informant is a contractor and there was a dispute with regard to payment to be made to the labourers, petitioners no.1 and 3 and others. It has further been submitted that in the dispute with regard to demand of wages, a free fight took place between the parties in which the injured persons suffered some injuries.
However, Shankar Mahto and Abhishek Kumar suffered simple injuries and it is only Manjula Devi, who suffered grievous injury, but it is on the hip, wrist and bruise over left breast area caused by hard and blunt object, which are not on the vital parts of the body, as such, no offence under Section 109 of the B.N.S. would be attracted in the present case. While petitioners no.1 and 3 are labourers, and petitioners no.2 and 4 are students and they have no criminal antecedents.
5. Learned APP for the State opposed the prayer for anticipatory bail on the ground that one of the victims has suffered grievous injury.
6. Taking into consideration the facts and considering
Patna High Court CR. MISC. No.19009 of 2026(2) dt.06-04-2026 3/3 the general and omnibus nature of allegations and also considering the fact that dispute was with regard to demand of wages and the petitioners have no criminal antecedent, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten 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 Shahpur Patori P.S. Case No. 22 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to condition(s) that:
(i) One of the bailors will be their own family members.
(ii) The petitioners shall co-operate with the investigation, if not already concluded and make themselves available as and when so required, failing which the prosecution will be at liberty to move cancellation of their bail bond.
(Soni Shrivastava, J) anand/- U T