Tanik Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50059 of 2025 Arising Out of PS. Case No.-708 Year-2024 Thana- JAMUI District- Jamui ====================================================== 1.

Tanik Paswan S/O Gopi Paswan R/O Vill.- Sihochak, P.s.- Jamui, Dist.- Jamui.

2.

Nitish Paswan @ Nitish Kumar S/O Bangali Paswan R/O Vill.- Sihochak, P.s.- Jamui, Dist.- Jamui.

3.

Rajan Kumar Paswan @ Rajan Paswan S/O Raj Kumar Paswan R/O Vill.- Sihochak, P.s.- Jamui, Dist.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hafiz Shahbaz Arif, Adv.

Mr. Abdul Mannan Khan, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner as well as counsel for the respondent-State.

2. This is the first anticipatory bail application of the applicants/accused persons in connection with Jamui P.S. Case No. 708 of 2024 for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118, 329(4), 109, 303(2), 125(A), 125(B), 352, 351(1), 351(2) of the B.N.S.S.

3. It is submitted by the learned counsel for the petitioners that the petitioners are innocent and are falsely implicated in this case due to some previous dispute with the complainant party. He further submits that all the injuries

Patna High Court CR. MISC. No.50059 of 2025(2) dt.11-08-2025 2/3 sustained as mentioned in the FIR are simple in nature, therefore, offences under Section 109 and 303(2) is prima facie not made out. He further submits that other co-accused persons Rajkumar Paswan, Shravan Paswan, Kundan Paswan and Brahmadev Paswan have already been granted benefit of anticipatory bail by the Trial Court himself. He lastly submits that two other co-accused persons Bangali Paswan and Shivdani Paswan have also been granted benefit of anticipatory bail by the Co-ordinate Bench of this Court in Cr. Misc. No. 40241 of 2025. Therefore, it is prayed by him that on these grounds these applicants may also be granted benefit of anticipatory bail.

3. Learned counsel appearing on behalf of the respondent-State opposes the prayer made by the counsel for the petitioners.

4. Considering the submissions made by the counsel for the petitioners and further considering the fact that the injured persons namely Prema Devi, Yugal Mistry, Pradeep Kumar and Omkar Mistry have sustained injuries that are simple in nature and lastly considering the fact that the similarly situated co-accused persons Rajkumar Paswan, Shravan Paswan, Kundan Paswan and Brahmadev Paswan have already been granted benefit of anticipatory bail by the Trial Court and

Patna High Court CR. MISC. No.50059 of 2025(2) dt.11-08-2025 3/3 Bangali Paswan and Shivdani Paswan have also been granted benefit of anticipatory bail by the Co-ordinate Bench of this Court, against whom similar allegations have been made out, I am of the view that the petitioners should be granted the benefit of anticipatory bail. Accordingly, the petition is allowed. The petitioners are directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 708 of 2024 subject to the conditions as laid down under Section 482 of the Bharatiya Nagarik Suraksha Sanhita.

(Arvind Singh Chandel , J) Siddharth Soni/- U T