Suraj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26389 of 2025 Arising Out of PS. Case No.-449 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== Suraj Paswan S/o- Pramod Paswan Resident of Village - Nonaura, P.S. - Ghorasahan, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhurendra Kumar, Adv.

For the Opposite Party/s :

Mr. Rajiv Nayan, APP For the Informant :

Mr. Arun Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ghorasahan P.S. Case No. 449 of 2023 instituted for the offences under Sections 341, 323, 324, 307, 379, 34 of the Indian Penal Code.

3. As per prosecution case, the accused persons including the petitioner are said to have assaulted the father of the informant leading to grievous injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.26389 of 2025(2) dt.05-05-2025 2/3 He further submits that in the alleged occurrence, both sides have sustained injuries. He further submits that the injuries received by the Informant's father are lacerated wound might be caused by hard and blunt object whereas the allegation against the petitioner is that he has assaulted Girija Mahto by means of sword. The petitioner has one criminal antecedent and is languishing in judicial custody since 23.11.2024 without any rhymes or reason. Learned counsel for the petitioner again submits that the co-accused namely Milan Paswan has been granted bail by a Co-ordinate Bench of this Court vide order dated 18.04.2024 passed in Cr. Misc. No. 6777 of 2024.

5. On the other hand, learned A.P.P. for the State and the Informant have vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. He further submits that there is specific and direct allegation against the petitioner of assaulting the Informant's father by means of sword.

6. Having heard learned counsel for the parties and considering the nature and gravity of the offence as also there being direct allegation of assault against the petitioner by means of sword with an intention to kill the Informant's father, this Court is not inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.26389 of 2025(2) dt.05-05-2025 3/3

7. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a liberty to the petitioner to renew his prayer for bail after framing of charge before the court below which will be considered on its own merit without being prejudiced by this order.

(Rudra Prakash Mishra, J) rishi/- U T