Akhilesh Kumar @ Akhilesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23794 of 2026 Arising Out of PS. Case No.-103 Year-2025 Thana- ANGARGHAT District- Samastipur ====================================================== Akhilesh Kumar @ Akhilesh Paswan S/O Sita Ram Paswan Resident of Vill. and P.O. - Harpur Rewari, Ward No. - 5, P.S. Angarghat, District- Samastipur 848134 ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Kumar Karn, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP For the Informant :
Mr. Ajay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 23.12.2025 in connection with Angarghat P.S. Case No. 103 of 2025 for the offences punishable under Sections 126 (2), 115 (2), 118 (1), 103 (1), 351 (2) and 3 (5) of the B.N.S, 2023.
3. The case of the prosecution is that on 24.08.2025. at approximately 8:30 PM, the accused persons, namely (1) Akhilesh Paswan, (2) Brajesh Paswan, (3) Avdhesh Paswan, and
(4) Mithilesh Paswan, arrived at the shop belonging to the informant's daughter-in-law, Kiran Devi. Upon being asked to pay for cigarettes they had purchased, Akhilesh Paswan began
Patna High Court CR. MISC. No.23794 of 2026(4) dt.03-07-2026 2/3 shouting obscenities and hurling abuses at the victim. When the informant's granddaughter intervened, Akhilesh Paswan physically assaulted her by slapping her. He also started throwing kicks and punches on Kiran Devi. Simultaneously, Brajesh, Avdhesh, and Mithilesh Paswan joined in, directing verbal abuse toward the victim and other family members. Shortly thereafter, the situation escalated as Akhilesh Paswan's other relatives (5) Ramji Paswan, (6) Rampravesh Paswan, (7) Shatrudhan Paswan, (8) Lakshmi Paswan, (9) Raghuvir Paswan, and (10) Pawan Paswan arrived at the scene, acting in concert to abuse and threaten those present. Following the confrontation, the informant's daughter-in-law required urgent medical attention and was first transported to a local hospital, then referred to Samastipur, and finally to Patna for specialized treatment. She consequently died while in transit to Patna.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. It is next submitted that it appears from the FIR that due to some petty dispute the present occurrence has taken place although there is specific allegation that he has assaulted the deceased, namely, Kiran Devi but it appears from the FIR that date of occurrence was 24.08.2025
Patna High Court CR. MISC. No.23794 of 2026(4) dt.03-07-2026 3/3 and the FIR has been instituted on 27.08.2025 i.e., after a delay of three days which suggests that it is an afterthought FIR lodged only to falsely implicate the petitioner.
5. The learned Additional Public Prosecutor for the State and learned counsel for the informant, on the other hand, have vehemently opposed the prayer for bail of the petitioner and submit that from perusal of the FIR it appears that there is direct and specific allegation against the petitioner that he has assaulted the deceased and she has died during her treatment and postmortem also supports the allegation as alleged in the FIR.
6. Considering the nature of allegation supported by the medical evidence, I am not inclined to enlarge the petitioner on bail in connection with Angarghat P.S. Case No. 103 of 2025 pending in the court of learned Judicial Magistrate-Ist Class, Dalsingsarai, Samastipur.
7. Prayer is refused.
(Rajesh Kumar Verma, J) Gaurav Sinha/- U T