Chandan Paswan @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38784 of 2026 Arising Out of PS. Case No.-191 Year-2026 Thana- HARNAUT District- Nalanda ====================================================== 1.
Chandan Paswan @ Chandan Kumar S/O Anil Paswan R/o vill- Hasanchak, P.S- Harnaut, Dist- Nalanda 2.
Nandan Kumar S/O Anil Paswan R/o vill- Hasanchak, P.S- Harnaut, DistNalanda 3.
Kundan Kumar S/O Anil Paswan R/o vill- Hasanchak, P.S- Harnaut, DistNalanda 4.
Nilam Devi w/o Anil Paswan R/o vill- Hasanchak, P.S- Harnaut, DistNalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gautam, Advocate For the State :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-06-2026 Heard Mr. Gautam, learned counsel for the petitioners and learned APP representing the State.
2. The petitioners are apprehending their arrest in connection with Harnaut P.S. Case No. 191 of 2026 registered for the offence under Sections 329(3), 329(4), 126(2), 127(2), 115(2), 118(2), 117(2), 109, 303(2), 352 and 3(5) of the B.N.S., lodged on 17.04.2026 by the informant, Bhavishan Kumar.
3. As per the prosecution story, the informant alleged that while at home, all the accused persons armed variously came and after abuse, assaulted. While Chandan Kumar
2/4 assaulted Renu Devi on his hand, Anil Paswan gave blow on the head causing injury, Nilam Devi assaulted Renu Devi and when Raushni Devi came to rescue, she was also assaulted by the accused persons.
4. Learned counsel for the petitioners submit that Anil Paswan is not before this Court, others though have assaulted, the injuries have been found to be simple in nature. Both the parties are agnates and an exaggerated F.I.R. is there. Last submission is that without accepting the allegation or outcome of the present petition, the petitioners intend to pay Rs.5,000/- to the informant towards treatment by Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to be submitted at the time of execution of bail bond.
5. Learned APP opposes the prayer submitting that allegation of assault at best is on Chandan Kumar.
6. Considering the submissions aforesaid as also that the petitioners do not have criminal antecedent, are young, one of them is a lady, injuries have been found to be simple in nature, in that background, this Court is inclined to extend them the privilege of anticipatory bail subject to payment of Rs.5,000/- to the informant as undertaken by the learned counsel for the petitioners through Demand Draft issued by the
3/4 local branch of the State Bank of India/any Nationalized Bank to be submitted at the time of execution of the bail bond and after checking credentials to be handed over to the informant.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Biharsharif, Nalanda, in connection with Harnaut P.S. Case No. 191 of 2026 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;
(ii) the petitioners shall be appearing before the Police Station as and when required for cooperating in the investigation;
(iii) the petitioners 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 bail bond by the Trial Court itself; (iv) the petitioners shall in no way try to induce or
4/4 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;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds.
8. Before parting, this Court would like to put on record its word of appreciation for Mr. Gautam, learned counsel for the petitioner for the proper assistance rendered in the matter.
(Rajiv Roy, J) vinayak/- U T