← Library
Patna High CourtCR. MISC./29227/2025bail granted

Jitendra Paswan v. The State Of Bihar

2025-05-12Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29227 of 2025 Arising Out of PS. Case No.-14 Year-2025 Thana- DEV District- Aurangabad ====================================================== 1.

Jitendra Paswan son of Late Rajaram Paswan @ Raja Paswan VillageChandpur Deo, P.S.- Dev, District- Aurangabad 2.

Dhananjay Paswan son of Late Basant Paswan Village- Chandpur Deo, P.S.- Dev, District- Aurangabad 3.

Nandu Paswan son of Late Ramkishun Paswan Village- Chandpur Deo, P.S.- Dev, District- Aurangabad ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Samir Kumar Sinha, Advocate For the State :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 12-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Dev PS. Case No.14 of 2025 Dated-24.01.2025, registered for the offences punishable under Sections 190, 191(2), 126(2), 115(2), 117(2), 303, 109, 352, 353 of the B.N.S., 2023.

3. As per allegation, on account of some land dispute, altercation took place between the informant and the petitioner side leading to injury on both the sides and filing of case and counter case. The counter case filed by the petitioner side is

Patna High Court CR. MISC. No.29227 of 2025(2) dt.12-05-2025 2/3 SC/ST P.S. Case No. 4 of 2025 registered for the offence punishable under Section 190, 191(2), 126(2), 115(2), 117(2), 303, 109, 352, 353 of the B.N.S., 2023.

4. Learned counsel for the petitioners submit that the Petitioners are innocent and have falsely been implicated in this case. He further submits that altercation took place between the informant and the petitioner side leading to injury of simple nature on both the sides.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioner no.2 has been made accused in one other case whereas the petitioner nos. 1 & 3 have no criminal antecedents.

7. learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, particularly, case, counter case and injury on both the sides, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the

Patna High Court CR. MISC. No.29227 of 2025(2) dt.12-05-2025 3/3 date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Dev PS. Case No.14 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.) Chandan/- U T