Kalu Paswan @ Kalu Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31580 of 2026 Arising Out of PS. Case No.-24 Year-2026 Thana- MANIHARI District- Katihar ====================================================== 1.
Kalu Paswan @ Kalu Kumar Paswan S/o- Gopal Paswan Resident of Village- Baghmara, PS- Manihari, District- Katihar 2.
Vijay Paswan S/o- Late Ram Gulam Paswan Resident of Village- Baghmara, PS- Manihari, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Musowir, Adv.
For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 07-05-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Manihari P.S. Case No. 24 of 2026 dated 25.01.2026 registered for the offence punishable under Sections 115(2), 126(2), 191(2), 109(1), 351(2), 352, 303(2) of the B.N.S., 2023.
3. The prosecution case, in brief, is that while the informant was constructing a boundary wall on his land, the accused persons allegedly assaulted him causing injuries, snatched cash and a silver chain, and threatened him with dire consequences.
Patna High Court CR. MISC. No.31580 of 2026(2) dt.07-05-2026 2/3
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. It is next submitted that there is no specific allegation of any overt act against the petitioners rather the specific allegation of overt act is against the co-accused Premnath Paswan and Munna Paswan, who are not the petitioners before this Court. It is further submitted that the injury caused are found to be simple in nature. It is lastly submitted that the petitioners bear no criminal antecedent.
5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioners.
6. Having heard learned counsel for the parties and considering that there is no specific allegation of any overt act against the petitioners, the injuries have been found to be simple in nature and, as also, the petitioners have no criminal antecedents, let the above-named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Manihari P.S. Case No. 24 of 2026, subject to the conditions as laid down
Patna High Court CR. MISC. No.31580 of 2026(2) dt.07-05-2026 3/3 under Section 482(2) of the B.N.S.S. as well as the following conditions:
(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document / personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
(Ajit Kumar, J) rishi/- U T