Jagdish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43161 of 2026 Arising Out of PS. Case No.-127 Year-2026 Thana- MADHUBAN District- East Champaran ====================================================== 1.

Jagdish Paswan S/O Late Jubba Paswan R/O village - Madhuban, P.S - Madhuban, Dist East Champaran.

2.

Vishal Paswan S/O Aklu Paswan R/O village - Madhuban, P.S - Madhuban, Dist East Champaran.

3.

Saheb Paswan S/O Hari Paswan R/O village - Madhuban, P.S - Madhuban, Dist East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Usha Kumari, Advocate For the State :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-07-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 118(1), 119(2), 109(1), 352, 351(3), 308(4) and 3(5) of the B.N.S..

3. As per prosecution case, it is alleged that all the F.I.R. named accused persons, including these petitioners, attempted to encroach the informant's vacant land by constructing a house there and when the informant protested, on the orders of Petitioner No. 1, Petitioner Nos. 2 and 3 assaulted

Patna High Court CR. MISC. No.43161 of 2026(2) dt.02-07-2026 2/3 informant with sharp weapons.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that Petitioner No. 1 is only alleged to be the order giver and there is absolutely no allegation of any overt act against Petitioner No. 1. So far as Petitioner Nos. 2 and 3 are concerned, doctor has found the injuries allegedly caused by them simple in nature.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case and nature of injuries allegedly caused by these petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Madhuban P.S. Case No. 127 of 2026, subject to condition as

Patna High Court CR. MISC. No.43161 of 2026(2) dt.02-07-2026 3/3 laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T