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Patna High CourtCR. MISC./22017/2026bail granted

Devendra Paswan v. The State Of Bihar

2026-04-15Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22017 of 2026 Arising Out of PS. Case No.-25 Year-2026 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

Devendra Paswan S/o Late Chandradeep Paswan R/o village- Dighi Khurd, PS- Sadar, District- Vaishali 2.

Indal Paswan S/o Late Chandradeep Paswan R/o village- Dighi Khurd, PSSadar, District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Ms. Bela Singh, Advocate For the State :

Md. Fahimuddin, APP For the Informant :

Mr. Ranjeet Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2026 Heard learned counsel appearing on behalf of the petitioners, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 117(2), 329(3), 109, 303(2), 352, 351(2), 351(3) and 3(5) of the B.N.S..

3. As per prosecution case, it is alleged that all the F.I.R. named accused persons, including these petitioners, assaulted informant.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and

Patna High Court CR. MISC. No.22017 of 2026(2) dt.15-04-2026 2/3 have committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of assaulting on the head of informant with iron rod is against co-accused Surendra Paswan. So far as these petitioners are concerned, there are general and omnibus allegation of assault and no specific accusation of overt act has been alleged against them. Moreover, doctor has found only one injury on the body of the deceased, which itself falsifies the entire prosecution case. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, materials that have surfaced during investigation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged 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 Chief Judicial

Patna High Court CR. MISC. No.22017 of 2026(2) dt.15-04-2026 3/3 Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 25 of 2026, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T