Patna High CourtCR. MISC./26917/2025bail granted

Randhir Paswan v. The State Of Bihar

2025-05-07Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26917 of 2025 Arising Out of PS. Case No.-458 Year-2024 Thana- RANIGANJ District- Araria ====================================================== Randhir Paswan Son of Late Manikchand Paswan Village -Raniganj Ward No 13 Police Station- Raniganj District -Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-05-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Raniganj P.S. Case No. 458 of 2024 lodged on 13.10.2024, for the offence punishable under Sections 123(2), 118(1), 115(2), 109, 351(2), 351(3), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner. It has been alleged that the petitioner has assaulted by sword on the head of the informant due to which injury has been caused.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that there is no criminal antecedent of the petitioner. He further

Patna High Court CR. MISC. No.26917 of 2025(2) dt.07-05-2025 2/3 submits that the informant and accused persons are resident of same village and they are basically adjacent neighbour and on petty issue i.e., Murti Visharjan, the dispute occurred. Counsel submits that for the same place and date of occurrence, two FIR's have been lodged. One FIR is from petitioner's side and another is from the informant's side. Counsel submits that the injury report is annexed as Annexure-P/3 (Page-21) and the injury reveals that the date and time of examination is on 12.10.2024 at 10:00 P.M., in which, Raniganj P.S. Case No. 458 of 2024 has been registered. Counsel furthers submits that the said report is not reliable peace of document due to the reason that from the FIR itself, it transpires that in police station, the injury was reported at 04:20 P.M. on 12.10.2024 and reporting has been made on 13.10.2024, which is not possible.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is a case and counter case between the parties.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

Patna High Court CR. MISC. No.26917 of 2025(2) dt.07-05-2025 3/3 mentioned in Section 2(1)(d) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the satisfaction of Learned A.C.J.M.-I, Araria in connection with Raniganj P.S. Case No. 458 of 2024, subject to the conditions as laid down U/s 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Dr. Anshuman, J) Sudhanshu/- U T