Vijay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49670 of 2026 Arising Out of PS. Case No.-8 Year-2026 Thana- FATEHPUR District- Gaya ====================================================== Vijay Paswan S/o Shyamlal Paswan Resident of Village- Bayapur, P.S.- Fatehpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 29-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 191(2), 126(2), 115(2), 109, 303(2), 352, 351(2), 351(3) of Bharatiya Nyaya Sanhita.

3. The prosecution case, in brief, is that owing to land dispute, the petitioner, along with the other coaccused persons, variously armed, came at the house of the informant . It is alleged that they abused the informant, assaulted her, and demanded Rs. 5,00,000/-

2/4 (Rupees Five Lakhs). A specific allegation has been levelled against the petitioner that he assaulted the informant on her head by means of an iron rod, causing her to sustain head injuries. It is further alleged that the other co-accused persons also assaulted the informant. When her daughter intervened to rescue her, she too was allegedly assaulted and the accused persons attempted to outrage her modesty.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has committed no offence. It is contended that the parties are agnates and there is long-standing dispute relating to their ancestral property. Learned counsel further submits that the alleged occurrence arose out of a sudden altercation between both the parties, during which members of both parties sustained injuries. It is also submitted that there is an inordinate delay of five days in lodging the FIR. From perusal of injury report of the informant, it appears that the informant was found

3/4 to have sustained pain and swelling over the right parietal region and an abrasion on the right parietal region. It is further contended that the injury report neither specifies the nature of the injuries nor contains any medical opinion regarding their gravity.

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

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from the date of receipt/production of this order and in the event of his arrest or surrender in connection with Fatehpur P.S. Case no. 08 of 2026, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under

4/4 section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS).

(S. B. Pd. Singh, J) Nirajkrs/- U