Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28593 of 2026 Arising Out of PS. Case No.-510 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== 1.

Asha Devi S/o Sri Vinod Paswan Resident of Village - Khaira Tola,Ward no. 14, PS. - Nautan, Dist. - West Champaran.

2.

Chinta Devi W/o Sri Suresh Paswan Resident of Village - Khaira Tola,Ward no. 14, PS. - Nautan, Dist. - West Champaran. 3.

Vinod Paswan S/o Sri Bagad Paswan Resident of Village - Khaira Tola,Ward no. 14, PS. - Nautan, Dist. - West Champaran. 4.

Vikash Kumar @ Vikash Paswan S/o Sri Suresh Paswan Resident of Village - Khaira Tola,Ward no. 14, PS. - Nautan, Dist. - West Champaran. 5.

Suresh Paswan S/o Sri Bagad Paswan Resident of Village - Khaira Tola,Ward no. 14, PS. - Nautan, Dist. - West Champaran. 6.

Sachin Kumar @ Sachin Paswan S/o Sri Vinod Paswan Resident of Village - Khaira Tola,Ward no. 14, PS. - Nautan, Dist. - West Champaran. 7.

Risham Kumar @ Rishabh Kumar @ Risav Paswan S/o Sri Suresh Paswan Resident of Village - Khaira Tola,Ward no. 14, PS. - Nautan, Dist. - West Champaran.

8.

Kiran Kumari @ Kiran Devi W/o Sri Sachin Paswan Resident of Village - Khaira Tola,Ward no. 14, PS. - Nautan, Dist. - West Champaran. 9.

Bagad Paswan @ Bagar Paswan S/o Late Chauth Paswan @ Late Chaugh Paswan Resident of Village - Khaira Tola,Ward no. 14, PS. - Nautan, Dist. - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sagar Kumar, Ms. Harsha Shashwat, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-04-2026 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118, 109,

Patna High Court CR. MISC. No.28593 of 2026(2) dt.30-04-2026 2/3 76, 303(2), 324(4), 352, 3(5) of the Bharatiya Nyaya Sanhita.

3. As per prosecution case, on 04.12.2024 at about 5 PM, all the F.I.R. named accused persons, including these petitioners and six unknown persons, abused and assaulted informant and his wife by means of lathi, fists and slaps. The accused persons are also alleged to have looted household articles of the informant.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Present case is counter blast of Nautan P. S. Case No. 502 of 2024 which was lodged by petitioner no. 1 against informant and others in which, petitioner no. 5 sustained farsa injury on his head. Allegation of assault is general and omnibus and there is no allegation of specific overt act against these petitioners. F.I.R. has been lodged after inordinate delay of about 20 days which itself raises doubt over veracity of the prosecution case. Rest of the allegations are ornamental only to make the case grave.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation, case and counter case and delay in lodging the F.I.R., this anticipatory

Patna High Court CR. MISC. No.28593 of 2026(2) dt.30-04-2026 3/3 bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Nautan P. S. Case No. 510 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T