Niranjan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28128 of 2025 Arising Out of PS. Case No.-97 Year-2023 Thana- BAKHARI District- Begusarai ====================================================== Niranjan Paswan Son of Late Gopi Paswan Resident of VillageMahadeochak, P.S.- Bakhri, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvottam Kumar, Adv.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Bakhari P.S. Case No. 97 of 2023 instituted for the offences under Sections 147, 341, 323, 307, 436, 504, 506 of the Indian Penal Code.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of setting fire to the house of the Informant and his brother as also of assaulting the Informant and his family members.

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.28128 of 2025(3) dt.06-08-2025 2/3 There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The specific allegation of giving order is on co-accused Ajay Paswan and the allegation of firing is on the co-accused Shatrughan Paswan and Suraj Paswan whereas the specific allegation of assault is on the co-accused Krishna Mohan Paswan, Anil Paswan and Basant Paswan. There is no allegation against the petitioner of assaulting the Informant. The petitioner has no criminal antecedent and is languishing in judicial custody since 09.03.2025 without any rhymes or reason.

5. He further submits that the co-accused Dilip Paswan has already been granted bail by a Co-ordinate Bench of this Court vide order dated 06.03.2025 passed in Cr. Misc. No. 8514 of 2025.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. Charge-sheet has been submitted in this case.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the

Patna High Court CR. MISC. No.28128 of 2025(3) dt.06-08-2025 3/3 petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bakhari P.S. Case No. 97 of 2023. (Rudra Prakash Mishra, J) rishi/- U T