Baiju Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56858 of 2025 Arising Out of PS. Case No.-99 Year-2024 Thana- CHANDAUTI District- Gaya ====================================================== Baiju Paswan Son of Suresh Paswan Resident of Village - Gulani Dihuri, P.S.- Chandauti, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-08-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Chandauti P.S. Case No. 99 of 2024 for the offence under sections 341, 323, 307, 379, 427, 504, 506 and 34 of the Indian Penal Code lodged on 11.03.2024 by the informant, Rajni Kumari.
3. As per the prosecution story, the informant alleged that the accused persons entered her house while she was alone and allegation is that this petitioner gave blow on her head while other accused also assaulted. When Devraj Paswan came to the rescue, the allegation is that he was also assaulted by the accused persons. Later, when the husband came to the rescue, allegation is that Ramvilash Paswan gave blow and the hit was so severe that the helmet got broken. This led to the FIR.
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4. Learned counsel for the petitioner submits that due to land dispute, the alleged occurrence took place, an exaggerated FIR is there and the learned Sessions Judge order shows that the injuries to Rajni Kumari and Devraj Paswan have been found to be simple in nature. Further, the submission is that without accepting the allegation and/or the outcome of the present petition in view of the fact that the informant's side has alleged injuries, the petitioner on its own would like to contribute Rs. 3,000/- towards the medical assistance through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking the credentials.
5. Learned APP opposes the prayer submitting that not only he has assaulted the lady and Devraj Paswan but also he has criminal antecedent.
6. Though the allegation is there, undertaking has been given that he shall be diligently appearing in trial, the injuries has been found to be simple in nature, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to payment of Rs. 3,000/- as undertaken by the learned counsel for the petitioner to be paid by Demand Draft of local State Bank of India to be
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7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Gaya in connection with Chandauti P.S. Case No. 99 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for
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(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T