Vinod Kumar @ Vinod Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56763 of 2025 Arising Out of PS. Case No.-21 Year-2025 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== 1.
Vinod Kumar @ Vinod Paswan S/O Late Vishwanath Paswan R/O Mohalla - Maripur, P.S.- Kazi Mohammadpur, Distt.- Muzaffarpur 2.
Deepa Devi @ Dipu D/O Vijay Paswan R/O Village- Mushahari Panchayat Bhawan, Ps- Mushahari, District- Muzaffarpur 3.
Gauri Devi W/O Vinod Paswan R/O Mohalla - Maripur, P.S.- Kazi Mohammadpur, Distt.- Muzaffarpur 4.
Kailash Paswan S/O Late Vishwanath Paswan R/O Mohalla - Maripur, P.S.- Kazi Mohammadpur, Distt.- Muzaffarpur 5.
Raju Paswan S/O Vinod Paswan R/O Mohalla - Maripur, P.S.- Kazi Mohammadpur, Distt.- Muzaffarpur 6.
Guriya Devi D/O Vinod Paswan, W/O Arun Paswan R/O Mohalla - Patahi Narayanpur, P.S.- Sadar, Distt.- Muzaffarpur ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Shekhar Anand For the Opposite Party/s :
Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-05-2026
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 223, 308(3), 308(4), 352, 351(2) of the B.N.S.
3. The learned counsel for the petitioners submits that the petitioners have antecedent of one case, but then, the said
2/5 case was instituted by the informant. It is further submitted that the informant alleges that on 16.01.2025 in between 1.00 P.M.- 1.30 P.M., she had gone on her land for getting it cleaned. Further, previous information was given to the police as such police officials were also present at the place of occurrence when six named accused persons including the petitioners along with 7-8 unknown accused came and they started abusing and even assaulted by pelting bricks, but the police officials somehow managed to save her and took her to the police station. It is further alleged that the accused persons are trying to capture her land and are demanding extortion of Rs.50 Lacs. It is further alleged that earlier informant had instituted Kazi Mohammadpur P. S. Case No.
315 of 2022 against the accused persons in which Raju Paswan and Guria Devi had approached this Court seeking anticipatory bail and the same was granted with a condition that if their bail bonds shall be cancelled if they do not adhere to the condition imposed therein. It is also alleged that the accused persons again are demanding extortion of Rs.10 Lacs.
4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that earlier informant had
3/5 instituted Kazi Mohammadpur P. S. Case No. 315 of 2022 in which Raju Paswan and Guria Devi i.e. son and daughter of Vinod Paswan had approached this Court seeking anticipatory bail and the same was granted by an order dated 19.08.2024 with a condition that at the time of surrender, Raju and Guria will file an affidavit stating therein that they have vacated the land and are not in possession of the land as detailed in the FIR failing which the anticipatory bail order shall not be given effect to. It is submitted that Raju and Guria were enlarged on anticipatory bail since an affidavit was filed to that effect. It is next submitted that after the land was vacated and possession was given to the informant, thereafter the instant false case came to be instituted.
It is also submitted that informant herself alleges that at the place of occurrence on 16.01.2025, the police personnel were present and in their presence the occurrence is alleged to have taken place but then no FIR was instituted rather the FIR came to be instituted on 17.01.2025. It is also submitted that dispute in between the parties stand recorded in Cr. Misc. No.43696 of 2024 and the instant FIR is a fall out of a dispute relating to land.
4/5 instituted. It is also submitted that if privilege of anticipatory bail is granted the petitioners will not abscond rather will cooperate in the investigation to prove their innocence.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Kazi Mohammadpur P. S. Case No.21 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioners, despite giving assurance to this Court, are not cooperating in the investigation or are not presenting themself as and when required, the learned trial Court shall be at liberty to cancel the
5/5 bail bonds of the petitioners after recording reasons.
9. Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T