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Patna High Court/25958/2026allowed

Dharmveer Paswan v. The State Of Bihar

2026-05-08Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25958 of 2026 Arising Out of PS. Case No.-536 Year-2025 Thana- CHANDI District- Nalanda ====================================================== 1.

Dharmveer Paswan, S/O Chandrika Paswan, R/O Village- Yashwantpur, P.SChandi, Distt.- Nalanda, Bihar. 2.

Tutu Paswan @ Surajmal Paswan, S/O Chandrika Paswan, R/O VillageYashwantpur, P.S- Chandi, Distt.- Nalanda, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niraj Kumar, Advocate For the Informant :

Mr. Shyamal Prakash, Advocate Mr. Raushan Raj, Advocate Mr. Sitesh Kashyap, Advocate For the State :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-05-2026 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 190, 191 (2), 191 (3), 115 (2), 109 (1) and 103 (1) of the BNS.

3. The case of the prosecution is that the petitioners along with others assaulted the father of the informant with 'lathi', 'danda' and 'bricks', as a result of which he died on the spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in

Patna High Court CR. MISC. No.25958 of 2026(2) dt.08-05-2026 2/3 connection with the present case. It is further submitted that the nature of allegation against the petitioners is general and omnibus. It has further been submitted that from perusal of the postmortem report, it transpires that the doctor, who conducted the autopsy of the deceased has found only simple injuries on the person of the deceased such as lacerated wound present over right side of forehead, abrasion over nose, bruise over right shoulder, abrasion behind right ear and abrasion over right knee. It is further submitted that from perusal of the ante-mortem injuries, it would transpire that all the injuries were found on the right side of the body of the deceased.

It is further submitted that actually the deceased had fallen down due to which he sustained injuries on the right side of the body. It is further submitted that the doctors who conducted autopsy has opined that the cause of death was intra cranial hemorrhage which was not caused by the aforesaid injuries, as the doctor has clearly stated that the ante-mortem injuries were simple in nature. Petitioners are having no criminal antecedent. It has further been submitted that similarly situated co-accused Chandrika Paswan has already been granted bail by this Court vide Cr. Misc. No. 6935 of 2026. Moreover, the petitioners are languishing in judicial custody since 27.01.2026.

Patna High Court CR. MISC. No.25958 of 2026(2) dt.08-05-2026 3/3

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Chandi P.S. Case No. 536 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM -1st, Hilsa, Nalanda.

(Ashok Kumar Pandey, J) lata/- U T