Baijnath Paswan @ Bajnath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35667 of 2025 Arising Out of PS. Case No.-398 Year-2013 Thana- BARACHATTI District- Gaya ====================================================== Baijnath Paswan @ Bajnath Paswan S/o- Late Shiw Balak Paswan @ Shivalak paswan @ Shiwalk Paswan Village- Belhariya, Barachatti , DistGaya and At present Bodhgaya, Harijan Colony Bodhgaya, Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-06-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Barachatti P.S. Case No. 398/2013 dated 25.08.2013 registered for the offence punishable u/s 341, 323, 324, 325, 307 and 504 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused person are alleged to have assaulted the informant on his head with sabal and brick causing injury. When the informant's husband came to rescue, they also assaulted him with bricks causing injury.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.35667 of 2025(2) dt.16-06-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has submitted that Mahendra Paswan sustained lacerated wound over his head which is three dimensional in nature. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. Earlier anticipatory bail of the petitioner was rejected by the Co-ordinate Bench of this court vide order dated 11.02.2015 passed in Cr. Misc. No. 52022 of 2013.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sherghatti, Gaya in connection with Barachatti P.S. Case No. 398/2013, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.35667 of 2025(2) dt.16-06-2025 3/3 cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T