Pappu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23074 of 2025 Arising Out of PS. Case No.-115 Year-2024 Thana- PAUTHU District- Aurangabad ====================================================== 1.
Pappu Paswan Son of Vijay Paswan Resident of Village - Birua, P.S.- Pauthu, District - Aurangabad (Bihar) 2.
Baliram Chandrawanshi Son of Balkeshwar Chandrawanshi @ Balkeshwar Rawani Resident of Village - Birua, P.S.- Pauthu, District - Aurangabad (Bihar) 3.
Indrajeet Kumar Son of Jawaheer Paswan @ Jawahar Paswan Resident of Village - Birua, P.S.- Pauthu, District - Aurangabad (Bihar) 4.
Rajdeo Yadav Son of Shivnandan Yadav Resident of Village - Birua, P.S.- Pauthu, District - Aurangabad (Bihar) 5.
Veerbhagat Paswan Son of Ramdheeraj Paswan Resident of Village - Birua, P.S.- Pauthu, District - Aurangabad (Bihar) 6.
Rajaram Yadav Son of Late Nathuni Yadav Resident of Village - Birua, P.S.- Pauthu, District - Aurangabad (Bihar) 7.
Yogendra Paswan @ Jogendra Paswan @ Jogindra Paswan Son of Late Jhani Paswan @ Jhapsi Paswan Resident of Village - Birua, P.S.- Pauthu, District - Aurangabad (Bihar) 8.
Sujeet Kumar Son of Ajay Chandrawanshi Resident of Village - Birua, P.S.- Pauthu, District - Aurangabad (Bihar) 9.
Durga Kumar Son of Saryu Paswan Resident of Village - Birua, P.S.- Pauthu, District - Aurangabad (Bihar) 10.
Jairam Yadav Son of Late Nathuni Yadav Resident of Village - Birua, P.S.- Pauthu, District - Aurangabad (Bihar) 11.
Vijay Paswan Son of Late Lakhan Paswan Resident of Village - Birua, P.S.- Pauthu, District - Aurangabad (Bihar) 12.
Nitish Kumar Son of Rajaram Yadav Resident of Village - Birua, P.S.- Pauthu, District - Aurangabad (Bihar) 13.
Umashankar Kumar Son of Yogendra Paswan @ Jogendra Paswan @ Jogindra Paswan Resident of Village - Birua, P.S.- Pauthu, District - Aurangabad (Bihar) 14.
Pankaj Kumar Son of Banwari Paswan Resident of Village - Birua, P.S.- Pauthu, District - Aurangabad (Bihar) 15.
Randhir Kumar @ Mithun Kumar Son of Ajay Chandrawanshi @ Prajay Chanwnashi Resident of Village - Birua, P.S.- Pauthu, District - Aurangabad (Bihar) 16.
Manish Kumar Son of Virendra Rawani Resident of Village - Birua, P.S.- Pauthu, District - Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar
2/4 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aman Vishal For the Opposite Party/s :
Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-05-2025
1. 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), 191(3), 190, 115(2), 118(1), 117(2), 303(2), 109, 352 and 351(2) of BNS, 2023.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that accused persons came to his poultry form variously armed and assaulted him, further Kaushal and Chandrashekhar assaulted him by an iron rod causing fracture of left hand while Birbal and Rajdeo started strangulating him, thereafter, Veerbhagat assaulted his father by an iron rod causing injury on head, right leg, left hand and feet, thereafter Devendra assaulted his uncle by rod causing fracture of left hand, thereafter accused persons also assaulted his brother, while Pappu fired in air and Indrajeet snatched his chain worth Rs. 6,000/-, when villagers gathered on hearing the sound of firing, accused persons fled
3/4 and Birbal threatened that poison will be mixed in the pond killing the fishes.
4. Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that on account of dispute relating to poultry form and fishery, the occurrence is alleged to have taken place in which altogether twenty persons have been made accused. It is further submitted that as far as petitioners are concerned, no specific allegation is alleged against them except petitioner nos. 5, 1 and
3. It is further submitted that though Veerbhagat (petitioner no.
5) is alleged to have assaulted the father of the informant causing injury, but then from perusal of the injury report of father of the informant namely Mahendra Singh at Page-24 of the anticipatory bail application, it would manifest that he suffered injury caused by hard and blunt object and the injuries have been opined to be simple in nature, it is also submitted that as far as allegation against Pappu and Indrajeet is concerned, the same is ornamental in nature as no cartridge was found from the place of occurrence. It is next submitted that from side of the petitioners also Pauthu P.S. Case No. 114 of 2024 has been instituted against the side of the informant and others.
5. Learned A.P.P. for the State opposes the prayer for
4/4 anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each 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 Pauthu P.S. Case No. 115 of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J) Rishabh/- U T