Sujit Paswan @ Sanjiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31542 of 2026 Arising Out of PS. Case No.-250 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== Sujit Paswan @ Sanjiv Kumar Son of Harendra Paswan Resident of VillageGhogharaha Bairiya, P.S.- Harsidhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-07-2026 Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Mr. Shyameshwar Dayal, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 05.02.2026, in connection with Harsidhi P.S. Case No. 250 of 2020, F.I.R. dated 15.06.2020 registered for the offences punishable under Sections 341, 325, 307, 34 of the Indian Penal Code and later on Section 302 and 326 of the Indian Penal Code were added.

3. The prosecution case, in brief, is that the accused persons including the petitioner came to the house of the informant, grabbed him and poured with kerosene oil and set him ablaze on account of which he died and when wife of the informant tried to save him, she also sustained burn injuries.

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4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. From perusal of the F.I.R. it appears that the petitioner along with other co-accused person, namely, Mukesh Paswan caught hold the deceased and one Ashok Paswan has poured kerosene oil on the body of the deceased and co-accused Vikash Paswan set him ablaze. He further submits that the allegation against the petitioner is that he along with other co-accused person have caught hold the deceased and co-accused Mukesh Paswan against whom the allegation that he along with other co-accused have caught hold the deceased has been granted regular bail by this Court vide order dated 319.01.2026 passed in Cr. Misc. No. 85144 of 2025. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 05.02.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case

3/4 and the fact that the petitioner having clean antecedent and the only allegation against the petitioner is that he has caught hold the deceased and similarly situated co-accused person has been granted bail by this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Harsidhi P.S. Case No. 250 of 2020, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be 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.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) 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 antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the

4/4 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) Ibrar//- U T