Prakash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52995 of 2025 Arising Out of PS. Case No.-325 Year-2024 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== 1.

Prakash Paswan S/O Ram Kishore Paswan Resident of Mohalla- Baladulah, Kagwa Gumti, Ward No. 3, P.S.-L.N.M.U, Dist- Darbhanga 2.

Rohit Paswan S/o Ram Kishore Paswan Resident of Mohalla- Baladulah, Kagwa Gumti, Ward No. 3, P.S.-L.N.M.U, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioners and learned APP for the State. Perused the case diary.

2. The petitioners seek bail in connection with LNMU P.S. Case No. 325 of 2024 instituted for the offences under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Earlier, vide order dated 14.05.2025 passed in Cr. Misc. No. 30449 of 2025 the anticipatory bail of the petitioners was rejected by this Court.

4. The prosecution case, in short, is that on 20.11.2024, the accused persons, on the instigation of Md. Sharif, assaulted the informant's father Ranjeet Sharma after he refused to immediately remove his house, causing injuries due

Patna High Court CR. MISC. No.52995 of 2025(3) dt.13-10-2025 2/3 to which he became unconscious and later died on the way to the hospital.

5. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Learned counsel further submitted that police, after completion of investigation submitted charge-sheet under Sections 10/3(5) of the Bharatiya Nyaya Sanhita, 2023. It has been submitted on behalf of the petitioners that the petitioners are in custody since 28.05.2025 and have two criminal antecedents each.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

7. Considering the aforesaid facts and circumstances of the case, there being no direct allegation against the petitioners and the submission of the charge-sheet under the aforesaid Sections as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

8. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each with

Patna High Court CR. MISC. No.52995 of 2025(3) dt.13-10-2025 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with LNMU P.S. Case No. 325 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T