Vijendra Paswan @ Vijendra Bhagat @ Bhulla v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47604 of 2025 Arising Out of PS. Case No.-583 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Vijendra Paswan @ Vijendra Bhagat @ Bhulla S/o Jagdeo Bhagat R/o Village- Mustafapur, P.S.- Bidupur, District- Vaishali at Hajipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No. 2, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-07-2025 Heard Mr. Ashok Kumar, learned counsel for the petitioner and Mr. Ajay Kumar No. 2, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since 24.05.2025 in connection with Bidupur P.S. Case No. 583 of 2022, F.I.R. dated 02.11.2022 registered for the offence punishable under Sections 147, 148, 149, 341, 447, 448, 323, 324, 307, 384, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, the informant states that the 17 named accused persons as also 100 unknown accused persons came variously armed, demanded rangdari of Rs. 2 lakhs before they would be permitted to start construction work on the land in question and thereafter it is stated that the accused persons started to assault the informant and others.
2/4 Shyam Babu Bhagat assaulted the informant with a kudal on his head. Specific allegation of assault is also on Hiromani Devi, Sanjay Paswan, Kaju Paswan, Ratan Paswan, Sanjeev Paswan as also the petitioner herein.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. As per allegation in the F.I.R., it would be evident that besides the 17 named accused persons along with 100 unknown persons have committed the crime in question as alleged in the F.I.R. Learned counsel further submits that although petitioner is named in the F.I.R. but from a bare perusal of the FIR, it appears that there is no specific allegation of any assault or overt-act attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner and the similarly situated coaccused person, namely, Sanjeev Kumar @ Sanjeev Paswan has been granted bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 16.05.2023 passed in Cr. Misc. No. 20014 of 2023 and the police after investigation has submitted chargesheet against the petitioner and the petitioner is in custody since 24.05.2025.
5. The learned Additional Public Prosecutor for the
3/4 State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent, there is no specific allegation against the petitioner and the co-accused person, namely, Sanjeev Kumar @ Sanjeev Paswan has been granted bail by a Co-ordinate Bench of this Hon'ble Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 583 of 2022,with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at
4/4 any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Neha/- U T