Harendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37601 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- CHARPOKHARI District- Bhojpur ====================================================== 1.

Harendra Paswan S/O Late Nanhak Paswan R/O Village- Garahani Bichlipatti, P.S- Charpokhari, Distt.- Bhojpur. 2.

Manoj Paswan S/O Late Nanhak Paswan R/O Village- Garahani Bichlipatti, P.S- Charpokhari, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP For the Informant :

Mr. Ajay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. Perused the case diary.

2. The petitioners seek bail in connection with Charpokhari P.S. Case No. 66 of 2025 instituted for the offences under Sections 126(2), 115(2), 109, 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution story, in short, is that all the accused persons including the petitioners assaulted the husband of the

Patna High Court CR. MISC. No.37601 of 2025(3) dt.19-08-2025 2/3 informant.

4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. Learned counsel further submitted that there is a delay of three days in lodging the FIR without any plausible explanation, which in itself, raises doubt over the prosecution story. The injuries sustained by the injured are grievous in nature. It has been submitted on behalf of the petitioners that the petitioners are in custody since 17.03.2025 and have no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, there being no specific allegation of assault against the petitioners as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.37601 of 2025(3) dt.19-08-2025 3/3 below/concerned Court in connection withCharpokhari P.S. Case No. 66 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T