Chandeshwar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50952 of 2025 Arising Out of PS. Case No.-121 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.
Chandeshwar Paswan S/o Late Nandan Paswan R/o Village - Banauti, P.S. - Saraiya, District - Muzaffarpur 2.
Vindeshwar Paswan S/o Late Ram Nandan Paswan R/o Village - Banauti, P.S. - Saraiya, District - Muzaffarpur 3.
Bishun Paswan S/o Ram Nandan Paswan R/o Village - Banauti, P.S. - Saraiya, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :
Ms. Anita Kumari, A.P.P.
For the Informant :
Mr. Manoj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-09-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State.
2. Petitioners seek regular bail in connection with Saraiya P. S. Case No. 121 of 2019 in a case registered for the offences punishable under Sections 147, 148, 149, 323, 302/34 of the Indian Penal Code.
3. As per F.I.R., petitioner nos. 1 & 2 caught hold of the son of informant and thereafter, petitioner no. 3 and coaccused Kishun Ram assaulted him by means of knife and sickle as a result of which he died.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.50952 of 2025(3) dt.12-09-2025 2/3 there is no specific accusation of assault against petitioner nos. 1 & 2 and they are only alleged to have facilitated the offence by catching hold of the deceased. Petitioners claim clean antecedent and are in custody since 26.03.2025. Charge-sheet has already been submitted.
5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application and submitted that petitioner no. 3 and co-accused Kishun Ram gave knife and sickle blow on the stomach and thighs of the son of informant, causing his death.
6. Considering the fact that petitioner no. 3 assaulted the deceased with knife and sickle resulting in this death, prayer for regular bail of above named is refused.
7. However, considering the nature of accusation, clean antecedent and period of custody, the bail application with regard to the above named petitioner nos. 1 & 2 is allowed. Let the above named petitioner nos. 1 & 2 be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IV (West) Muzaffarpur in
Patna High Court CR. MISC. No.50952 of 2025(3) dt.12-09-2025 3/3 connection with Saraiya P. S. Case No. 121 of 2019. (Prabhat Kumar Singh, J) Navya/- U T