Bindeshwari Paswan @ Dubey Ji @ Vindeshwar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28428 of 2025 Arising Out of PS. Case No.-216 Year-2024 Thana- RAFIGANJ District- Aurangabad ====================================================== Bindeshwari Paswan @ Dubey Ji @ Vindeshwar Paswan Son of Late Yamuna Paswan Resident of Village - Paharpura, P.S. - Goh, District - Aurangabad, Bihar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lalbahadur Singh, Advocate For the Opposite Party/s :
Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Rafiganj P.S. Case No. 216 of 2024 dated 04.06.2024 registered for the offences punishable under Sections 341, 323, 386, 387, 435, 504, 506 read with Section 34 of the Indian Penal Code and Section 13, 16, 17 and 18 of the National Security Act.
3. As per the prosecution case, it is alleged that the petitioner and the co-accused persons along with two unknown miscreants came at the brick kiln of the informant and demanded levy and they set one JCB machine on fire. The petitioner and the other accused persons in their confessional
Patna High Court CR. MISC. No.28428 of 2025(2) dt.14-07-2025 2/3 statement confessed their guilt and disclosed that they are Naxalites and on the alleged date of the occurrence the petitioner and the other extremists came at the brick kiln of the informant and assaulted him and demanded levy. They further disclosed that they set one JCB machine on fire.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation of firing against the petitioner. No arms and ammunition have been recovered from the possession of the petitioner. The petitioner has no concern with the alleged offence. The other co-accused person has already been granted bail by this court vide order dated 21.03.2025 passed in Cr. Misc. No. 13970/2025. The petitioner has thirteen criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 18.07.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court
Patna High Court CR. MISC. No.28428 of 2025(2) dt.14-07-2025 3/3 concerned, Aurangabad in connection with Rafiganj P.S. Case No. 216 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of his bail bonds.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T