Sahil Paswan @ Satyendra Kumar Paswan @ Satyendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28856 of 2026 Arising Out of PS. Case No.-2 Year-2026 Thana- RAHUI District- Nalanda ====================================================== Sahil Paswan @ Satyendra Kumar Paswan @ Satyendra Kumar S/o- Gorelal Paswan R/v- Peshaur Ps- Rahui Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sailesh Kumar, Advocate For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 17-06-2026 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Rahui P.S. Case No. 02 of 2026 F.I.R dated 02.01.2026 registered for the offences punishable under Sections 191 (2), 190, 126 (2), 115 (2), 109 (1) 125 (a) 352 of the Indian Penal Code / Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 02.01.2026 around 04:00 P.M. the petitioner along with co-villagers namely, Rohit Paswan, Vishal Paswan, Chanchal Paswan, Bittu Paswan, Mithun Paswan came armed with lathi, stick and iron rods and started abusing the informant and upon protest, Rohit Paswan attempted to hit the informant on head by stick with intention to kill the informant. After the informant shouted for help, some
2/4 villagers namely, Vikash Kumar, Sadhu Kumar, Rohitas Kumar, Vikki Kumar and Nirdosh Kumar came to rescue. The petitioner and his co-villagers beat them also with the lathi, stick and iron rods. Then the informant called the dial 112 Police Vehicle and, thereafter they were rushed to the primary health centre, Rahui in the injured condition for treatment and accordingly, F.I.R.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that, with respect to the same occurrence, there is a case and counter-case between the parties. The allegation against the petitioner is general and omnibus in nature, and the injuries sustained by the injured persons have been found to be simple. Learned counsel further submits that the petitioner is a bright student and is presently preparing for competitive examinations by living / staying outside the village for better career prospects. It is lastly submitted that the petitioner has a clean antecedent and is ready to abide by all terms and conditions that may be imposed by this Court.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Considering the aforesaid facts and circumstances and taking into account that the allegations are general and
3/4 omnibus and the injury is simple in nature. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of his/her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of JMFC-III Court, Nalanda in connection with aforesaid P.S. Case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself;
4/4 (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
(Ajit Kumar, J) suryadev/rajan U T