Nathuni Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22715 of 2025 Arising Out of PS. Case No.-266 Year-2024 Thana- GORAUL District- Vaishali ====================================================== Nathuni Paswan Son of Bhuneshwar Paswan @ Muneshwar Paswan Resident of village - Rasulpur Fateh, Ps- Goraul,(katahara), Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Ray, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 28-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Sessions Case No. 740 of 2024 arsing out of Goraul (Katahara) P.S. Case No. 266 of 2024 registered for the offences punishable under Sections 126(2), 117(2), 118(2), 109, 352, 3(5) of B.N.S
3. As per the FIR, the allegation against the petitioner is that he took out a sickle from his waist and slit the stomach of the informant due to which he fell down injured. When the informant's son came to save his father, the petitioner also slit the stomach of the son of the informant. It is further alleged that petitioner's son Mithun Paswan also came and attacked with the sickle due to which the index finger of the right hand of the
Patna High Court CR. MISC. No.22715 of 2025(3) dt.28-05-2025 2/3 informant got cut.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. The Doctor has found the injury simple in nature. It has also been submitted that the charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. It has lastly been submitted that the petitioner has an antecedent of one criminal case and has been in custody since 20.07.2024.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case and taking into account that the injury sustained by the informant is simple in nature, clean antecedent of the petitioner as also the period of custody, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II, Vaishali, Hajipur in connection with Sessions Case No. 740 of 2024 arising out of Goraul (Katahara) P.S. Case No. 266 of 2024, subject to following conditions:- a. One of the bailors of the petitioner shall be his close relative.
Patna High Court CR. MISC. No.22715 of 2025(3) dt.28-05-2025 3/3 b. The petitioner shall remain physically present in Court on each date of the trial.
c. In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioner in similar nature of offence, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
d. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.
(Sourendra Pandey, J) Prakash/- U