Kapil Kumar Paswan @ Kapil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45858 of 2025 Arising Out of PS. Case No.-382 Year-2022 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

Kapil Kumar Paswan @ Kapil Paswan Son of Suresh Paswan VillageBhokraha,/ Bhokaraha, P.S. -K. Nagar, Dist.- Purnea 2.

Suresh Paswan Son of Late Kailu Paswan Village- Bhokraha,/ Bhokaraha, P.S. -K. Nagar, Dist.- Purnea 3.

Lalan Kumar @ Lalan Paswan Son of Surendra Paswan @ Suren Paswan Village- Bhokraha,/ Bhokaraha, P.S. -K. Nagar, Dist.- Purnea 4.

Surendra Paswan @ Suren Paswan Son of Vindeshwar Paswan @ Vindeshwari Paswan Village- Bhokraha,/ Bhokaraha, P.S. -K. Nagar, Dist.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-07-2025

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of K. Nagar Police Station Case No. 382 of 2022, dated 11.07.2022, disclosing offences punishable under Sections 341/323/324/307/354-B/327/385/504/506/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 11.07.2022, at about 10 AM, the petitioners and other accused persons, armed with weapons, started

Patna High Court CR. MISC. No.45858 of 2025(2) dt.30-07-2025 2/3 constructing house over the land of the informant and when the informant objected, then the accused persons, including the petitioners, assaulted the informant and his family members by means of iron-rod, dabia, fists and slaps.

4. Learned Counsel for the petitioners submits that both the parties are agnates and there is land dispute between them. A counter case has been lodged by the side of the petitioners against the informant and others, bearing K. Hat Police Station Case No. 384 of 2022. He further submits that co-accused Sudhin Paswan allegedly assaulted the informant by means of iron-rod. The allegation of assault by the petitioner no. 1 on the head of the cousin of the informant by means of dabia (sharp cutting weapon) is there, but from perusal of the injury report, it appears that he has sustained injury with hard and blunt substance and dabia is a sharp cutting weapon. The doctor has kept the opinion on the injury reserved, awaiting report of the C. T. Scan, but since 2022, the opinion of the doctor regarding the nature of the injury is still pending.

5. Regards being had to the submissions advanced on behalf

Patna High Court CR. MISC. No.45858 of 2025(2) dt.30-07-2025 3/3 of the parties and taking into consideration the fact that both the parties are agnates, having land dispute, case and counter case is also there and the prosecution has failed to bring on record the injury report of the injured after so many years, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with K. Hat Police Station Case No. 382 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √