Manish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46000 of 2025 Arising Out of PS. Case No.-3 Year-2025 Thana- LACHHUAR District- Jamui ====================================================== Manish Paswan S/o Birbal Paswan R/o Village- Mathurapur, P.S.- Lachhuar, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP For the Informant :

Mr. Ganesh Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-07-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Lachhuar P.S. Case No. 03 of 2025, instituted for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons assaulted the informant and his family members. It is further alleged that the petitioner has fired upon the informant due to which he sustained firearm injury in his stomach.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.46000 of 2025(2) dt.24-07-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that both the parties are gotiyas. It is further submitted that the injury report of the informant does not corroborate with the prosecution case. The allegation levelled against the petitioner is general and omnibus in nature. The petitioner is in custody since 20.01.2025 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lachhuar P.S. Case No. 03 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.46000 of 2025(2) dt.24-07-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T