Sadan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38335 of 2026 Arising Out of PS. Case No.-178 Year-2025 Thana- BARBIGHA District- Sheikhpura ====================================================== 1.
Sadan Paswan S/o Late Kesho Paswan Resident of village - Khojagachhi Tola Bishunpur, P.S - Barbigha, District - Sheikhpura 2.
Mahendra Paswan S/o Late Ramdeo Paswan Resident of village - Khojagachhi Tola Bishunpur, P.S - Barbigha, District - Sheikhpura 3.
Avinash Kumar S/o Arjun Paswan Resident of village - Khojagachhi Tola Bishunpur, P.S - Barbigha, District - Sheikhpura 4.
Kamlesh Paswan S/o Girjesh Paswan @ Pintu Paswan Resident of village - Khojagachhi Tola Bishunpur, P.S - Barbigha, District - Sheikhpura 5.
Mannu Kumar S/o Kamlesh Paswan Resident of village - Khojagachhi Tola Bishunpur, P.S - Barbigha, District - Sheikhpura 6.
Rintu Paswan S/o Daso Paswan Resident of village - Khojagachhi Tola Bishunpur, P.S - Barbigha, District - Sheikhpura 7.
Mantu paswan S/o Ramatar Paswan @ Ramotar Paswan Resident of village - Khojagachhi Tola Bishunpur, P.S - Barbigha, District - Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar For the Opposite Party/s :
Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-07-2026 Heard Mr. Pankaj Kumar, learned counsel for the petitioners and Mr. Abhay Kumar Roy, learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Barbigha P.S. Case No.178 of 2025, dated 27.09.2025, registered for the offence punishable under Sections 126(2), 115(2), 118(1), 117(2), 110, 74, 331(2), 305(b), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the allegations made in the F.I.R., the petitioners armed with weapons, entered the house of the
Patna High Court CR. MISC. No.38335 of 2026(3) dt.24-07-2026 2/3 informant and attacked the informant and his family members in which four persons were injured.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. It is further submitted that both sides are close neighbours and, on account of a land dispute, a free fight is alleged to have taken place, in which the informant has implicated the entire family of the petitioners. It is submitted that, although four persons are said to have sustained injuries, all the injuries have been found to be simple in nature. Learned counsel, on instructions, further submits that, without admitting their guilt and without prejudice to their defence, the petitioners are willing to pay a sum of Rs. 5,000/- to the injured persons towards medical/financial assistance. It is lastly submitted that the petitioners have no criminal antecedents.
5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioners.
6. Considering that the injuries are simple in nature, and taking into account the undertaking given by the petitioners to pay Rs. 5,000/- towards medical/ financial assistance at the time of furnishing bail bonds, let the above named petitioners, be released on bail, in the event of their
Patna High Court CR. MISC. No.38335 of 2026(3) dt.24-07-2026 3/3 arrest or surrender before the learned Court below within a period of six 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 concerned Court in connection with Barbigha P.S. Case No.178 of 2025, subject to the conditions laid down under Section 482(2) of the BNSS, upon producing receipt showing payment of Rs. 5,000/- to the injured, 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 his/her/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;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
(Ajit Kumar, J) shikha/- U T