Jagdhan Paswan @ Jag Narayan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37429 of 2025 Arising Out of PS. Case No.-111 Year-2025 Thana- NAGAR District- Vaishali ====================================================== 1.
Jagdhan Paswan @ Jag Narayan Paswan, Gender-Male, age about 55 years, S/O Late Nagina Paswan, Resident of Village- Hela Bazar, Police StationHajipur Town, Distt-Vaishali 2.
Subodh Paswan @ Subodh Kumar, Gender-Male, aged about 27 years, S/O Jagdhan Paswan @ Jag Narayan Paswan, Resident of Village- Hela Bazar, Police Station- Hajipur Town, Distt-Vaishali ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Ranjeet Kumar, Advocate For the Informant : Mrs. Rina Sinha, Advocate and Mr. Dhirendra Prasad Singh, Advocate.
For the Opposite Party :
Mr. Md. Shakir Ahmad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Hajipur Town P.S. Case No. 111 of 2025 dated 01.02.2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 352 and 351(2) of the B.N.S., 2023.
3. As per the prosecution case, on 31.01.2025 at about 8.00 A.M., the informant was at his home, in the meantime,
2/4 Jagdhan Paswan (petitioner no. 1), Champa Devi, Vir Singh Paswan, Subodh Paswan (petitioner no 2), Ragani Kumari and Babbi Kumari having lathi, sword and stone in their hands came there and started abusing and threw night soil of the children, garbage and dirty water on the door of the informant. It is further alleged that on protest, the co-accused Vir Singh came to assault with sword and Jagdhan Paswan (petitioner no. 1) assaulted the informant with lathi and when the mother of the informant Baleshwari Devi came to rescue him, the co-accused Ragani Devi and Champa Devi assaulted with stone on the head of the informant's mother with an intention to kill her causing head injury to her thereafter she became unconscious.
It is further alleged that the family members of the house of the informant and villagers assembled there and intervened the matter then the accused persons threatened to kill the family members of the informant and would conceal their dead bodies and police administration would not do anything. It is further alleged that seeing the serious condition of the mother of the informant, she was brought to Sadar Hospital, Hajipur, where her treatment is going on and she was also stitched on her head.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been
3/4 implicated in this case. It is further submitted that from perusal of the F.I.R., it appears that Jagdhan Paswan (petitioner no. 1) assaulted the informant with lathi and there is no specific allegation against Subodh Paswan (petitioner no. 2). The doctor has examined the informant and found the injury simple in nature caused by hard and blunt substance. It is further submitted that during the course of investigation, no any independent witness has come forward to support the prosecution case. It is further submitted that the other coaccused persons, namely, Babby Kumari, Ragani Kumari and Champa Devi have already been granted anticipatory bail by the learned Additional Sessions Judge-V, Vaishali at Hajipur. The petitioner no. 1 has one criminal antecedent and the petitioner no. 2 has clean antecedent as stated in paragraph no. 3 of the bail application.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs.
4/4 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 111 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S.
(I) The petitioners are directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T