Ram Chandra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31391 of 2026 Arising Out of PS. Case No.-150 Year-2023 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Ram Chandra Paswan Son of Ghina Paswan Resident of Village- Adalpur, P.S.- Kusheshwarsthan, District- Darbhanga ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Singh For the Opposite Party/s :
Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-05-2026 Heard Mr. Amit Kumar Singh, learned counsel for the petitioner and Mr. Bishweshwar Ram, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 18.11.2025 in connection with K.Asthan P.S. Case No. 150 of 2023 for the offences punishable under Sections 341, 323, 324, 308, 379, 504, 506 and 34 of IPC.
3. The case of the prosecution, in brief, is that it is alleged in the FIR that in Mauza Asma, Thana No. 232, land under old Khesra Nos. 1088, 1089, and 1078 has been settled in the name of her husband Shiv Kumar Paswan, son of Late Ganeshi Paswan through a land ceiling settlement. It is alleged in the FIR that she is in possession of 66 decimals of land in the aforementioned Khesra No. 1088. It is alleged in the FIR that on 13-05-2023, at about 12:00 PM, persons named in the FIR were filling the said land with soil using a tractor. It is alleged in the FIR that when she went to
2/4 inquire why they were filling the land, the accused Ram Chandra Paswan (Petitioner) hurled verbal abuse and threats to her. It is alleged in the FIR that out of fear, she returned to her house. Shortly thereafter (about half an hour), all the accused persons named in the FIR and several unknown associates surrounded her house. They began attacking her family members with iron rods. It is alleged in the FIR that her son, Sanjay Paswan; her nephew, Sumit Kumar Paswan; and her brother-in-law, Jaganarayan Paswan, sustained injuries to their heads and ears. It is alleged in the FIR that the accused Ram Chandra Paswan and other unknown individuals were carrying firearms. The accused Ram Chandra Paswan fired a shot was fired at her elder son, Yashwant Paswan, but fortunately he was not hit.
It is alleged in the FIR that after gathering of local people at the scene, the accused persons group fled while shouting threats and her family is in fear due to these threats and the perceived influence of the accused. It is alleged in the FIR that injured family members of the informant are receiving medical treatment at the local government hospital in Kusheshwar Asthan and the Sadar Hospital.
4. Learned counsel for the petitioner submits that from perusal of the FIR it appears that due to inadvertent land dispute
3/4 the present occurrence has been taken place. It is next submitted that although the petitioner is named in the FIR but there is no specific allegation of assault or overt act of firing is attributed against the petitioner rather the allegations are general and omnibus in nature and the police after investigation has submitted charge-sheet, thereafter the learned court below has framed charge against the petitioner on 17.04.2026 itself and petitioner is in custody since 18.11.2025
5. The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner has participated in the present crime in question. Apart from aforesaid, it is submitted that petitioner has antecedent of two cases other than the present case but fairly submits that the petitioner is on bail in the pending matters.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of District and Additional Sessions Judge-I, Biraul, Darbhanga in connection with K.Asthan P.S. Case No. 150 of 2023, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be
4/4 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Gaurav Sinha/- U T