Sahdeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44846 of 2026 Arising Out of PS. Case No.-423 Year-2025 Thana- DESARI District- Vaishali ====================================================== 1.

Sahdeo Paswan S/o Nand Kishore Paswan R/o Village - Pohiyar Buzurg Ward No 04, Police Station - Sahdei (Desari), District - Vaishali 2.

Sumitra Devi W/o Sahdeo Paswan R/o Village - Pohiyar Buzurg Ward No 04, Police Station - Sahdei (Desari), District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-07-2026 Heard the learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Desari (Sahdei) P.S. Case No. 423 of 2025 registered for the offence under Sections 126(2), 115(2), 109(1), 103(1), 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, petitioner no. 1 is alleged to have assaulted the informant whereas petitioner no. 2 is said to have assaulted the deceased along with other women.

4. Learned counsel for the petitioners submits that the petitioners are quite innocent and have not committed any offence. He further submits that the petitioners are in custody

Patna High Court CR. MISC. No.44846 of 2026(2) dt.09-07-2026 2/3 since 12.12.2025 having clean antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail.

6. I have considered the submissions of the parties and have gone through the records of the case. Considering the fact that petitioner no. 1 is not the assailant of the deceased, his prayer for bail is allowed.

7. Accordingly, let the petitioner no. 1, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Desari (Sahdei) P.S. Case No. 423 of 2025.

8. So far as petitioner no. 2 is concerned, considering the fact that she is the assailant of the deceased, I am not inclined to grant regular bail to the petitioner no. 2. Accordingly, her prayer for regular bail stands rejected.

9. This application is partly allowed.

10. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case

Patna High Court CR. MISC. No.44846 of 2026(2) dt.09-07-2026 3/3 and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) Shishir/- U T