Suresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29699 of 2026 Arising Out of PS. Case No.-90 Year-2026 Thana- KAUWAKOL District- Nawada ====================================================== 1.

Suresh Paswan, aged about 53 years, Male, Son of Lakhan Paswan, Resident of Village - Pali, P.S. - Kawakol, District - Nawada. 2.

Nagina Paswan, Son of Lakhan Paswan, aged about 51 years, Male, Resident of Village - Pali, P.S. - Kawakol, District - Nawada. 3.

Dinesh Kumar @ Dinesh, aged about 34 years, Male, Son of Suresh Paswan Resident of Village - Pali, P.S. - Kawakol, District - Nawada. 4.

Pradeep Paswan, aged about 23 years, Male, Son of Suresh Paswan, Resident of Village - Pali, P.S. - Kawakol, District - Nawada. 5.

Sanjeet Kumar, aged about 20 years, Male, Son of Nagina Paswan, Resident of Village - Pali, P.S. - Kawakol, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 06-05-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Kawakol P.S. Case No. 90 of 2026 instituted for the offences punishable under Sections 126(2), 115(2), 351(2), 110, 352 and 3(5) of the BNS, 2023.

3. As per allegation in the FIR, all the accused persons including the present petitioners assaulted the informant and his wife by means of lathi on their waist and chest as well as iron rod due to which they sustained leg and ear injuries.

Patna High Court CR. MISC. No.29699 of 2026(2) dt.06-05-2026 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent have committed no offence and have falsely been implicated in this case. He submits that the petitioners are not caught at the spot and nothing incriminating articles have been recovered from the conscious possession of the petitioners. He further submits that the allegation against the petitioners are general and omnibus in nature. He next submits that the informant's goat grazing the crops of the petitioners so they assaulted the goat of the informant and due to which some altercation took place between the parties. There is case and counter case attributed between the parties. He lastly submits that they are four injuries found on the injured but all the injuries are simple in nature caused by hard and blunt substance. Petitioners have got clean antecedent as stated in para 3 of the petition.

5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioners.

6. From perusal of the FIR and the impugned order of the learned Additional Sessions Judge-III, Nawada dated 04.04.2026, it appears that on the basis of written report of the informant Mahendra Paswan, FIR has been registered under Sections 126(2), 115(2), 351(2), 110, 352 and 3(5) of the BNS,

Patna High Court CR. MISC. No.29699 of 2026(2) dt.06-05-2026 3/3 2023 against five co-accused persons including the above named present petitioners and the allegation against them are that they assaulted by lathi and iron rod upon the informant and his wife. From perusal of the impugned order, it also appears that there are four injuries found on the body of the injured caused by hard and blunt substance and all the injuries are simple in nature, so considering all these aspects of the case and submission of learned counsel for the petitioners, I am inclined to grant anticipatory bail to the above named petitioners.

7. Accordingly, let the above named five petitioners in the event of their arrest or surrender before the trial Court within six weeks from today, be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M.-1st Class, Nawada in connection with Kawakol P.S. Case No. 90 of 2026, subject to the conditions laid down in Section 482(2) of the BNSS.

(Ramesh Chand Malviya, J) Anand Kr.

U T