Rajendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57063 of 2025 Arising Out of PS. Case No.-108 Year-2025 Thana- SIRDALA District- Nawada ====================================================== 1.

Rajendra Paswan S/o- Dulari Paswan Village- Dhab P.s.- Sridala DistrictNawada 2.

Dhananjay Paswan @ Dhanjay Kumar S/o- Baliram Paswan Village- Dhab P.s.- Sridala District-Nawada 3.

Vinay Paswan @ Vinay Kumar S/o- Raj Kumar Paswan Village- Dhab P.s.- Sridala District-Nawada 4.

Sanjay Paswan @ Sanjay Kumar S/o- Baliram Paswan Village- Dhab P.s.- Sridala District-Nawada 5.

Baliram Paswan S/o- Late Jagdish Paswan Village- Dhab P.s.- Sridala District-Nawada 6.

Ajay Paswan @ Ajay Kumar S/o- Baliram Paswan Village- Dhab P.s.- Sridala District-Nawada 7.

Prahlad Kumar @ Ashutosh Kumar S/o- Kamlesh Paswan Village- Dhab P.s.- Sridala District-Nawada ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Hansraj, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2025 Heard learned counsel for the parties.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 126(2), 115(2), 117(2), 109, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act.

3. As per the prosecution case, on the alleged date and time of the occurrence, petitioner no.3 called the informant's son on mobile phone. Thereafter, all the FIR named accused persons including these petitioners caught hold of the informant's son, tied his hands and legs put tape on his mouth and pressed his neck as a result of which he became

Patna High Court CR. MISC. No.57063 of 2025(3) dt.17-09-2025 2/2 unconscious.

4. It is submitted on behalf of the petitioners that these petitioners are innocent and have falsely been implicated in this case. Parties are co-villagers and next door neighbours. On the relevant day, due to previous enmity, an altercation took place between the parties. Allegation of assault is general and omnibus and no specific overt act has been alleged against these petitioners. Though there is allegation of assault, but there is no injury report on the record. Petitioners claim clean antecedent.

5. Learned counsel for the State opposes the prayer for pre-arrest bail.

6. Considering the aforesaid facts of the case, prayer for bail of all these petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged 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 Judicial Magistrate 1st class, Nawada in Sirdala Police Station Case No. 108 of 2025, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Shashi U T