Niranjan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17671 of 2026 Arising Out of PS. Case No.-412 Year-2018 Thana- RAJAON District- Banka ====================================================== Niranjan Paswan S/o- Bholi Paswan R/v- Tekani Ps- Rajoun Dist- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-03-2026 Heard Mr. Akash Kumar Mishra, learned counsel for the petitioner as well as Ms. Asha Kumari, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 28.09.2018 in connection with Rajoun P.S. Case No. 412 of 2018, F.I.R. dated 28.09.2018 for the offences punishable under Sections 341, 323, 448, 354, 307/34 of the Indian Penal Code.
3. According to prosecution case, it is alleged that the petitioner along with other accused persons entered the house of the informant with intention of outraging her modesty and started molesting her. When she raised alarm and her husband arrived to save her, the accused person assaulted him with rod due to which he received bleeding injuries.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.17671 of 2026(2) dt.18-03-2026 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. The informant and the petitioner are agnates to each other and informant is own sister-in-law of the petitioner and the injured person is own brother of the petitoner. It appears from the FIR that due to some petty dispute the present occurrence has taken place and there was no intention to kill anyone and the petitioner is in custody since 20.01.2026.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and there was no intention to kill anyone, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 412 of 2018, subject to the following conditions:- i. Petitioner 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.17671 of 2026(2) dt.18-03-2026 3/3 ii. If the petitioner tampers 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 petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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) Suruchi/- U T