Salesh Paswan @ Shailesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62737 of 2025 Arising Out of PS. Case No.-524 Year-2024 Thana- BIKRAM District- Patna ====================================================== 1.
Salesh Paswan @ Shailesh Kumar S/O Mr. Sanju Paswan Resident Of Village- Mohammadpur, P.S- Bikram, Distt.- Patna. 2.
Navlesh Paswan @ Navlesh Kumar S/O Mr. Sanju Paswan Resident Of Village- Mohammadpur, P.S- Bikram, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shraddhanand Paswan, Adv.
For the Opposite Party/s :
Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 15-11-2025 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Bikram P.S. Case No. 524 of 2024 instituted under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 352 of the BNS, 2023 lodged on 11.12.2024 by the informant, Satyendra Paswan.
3. As per the prosecution story, the informant, Satyendra Paswan alleged that on 08.12.2024 at 9:00 PM, while he was driving tempo to his home and as soon as he reached near his house, these petitioners including other accused persons, namely, Subodh Paswan, Kunu Paswan, Dharmendra Paswan, Hiralal Paswan, Pappu Paswan, Raju Paswan, Kaju
2/4 Paswan, Bhaju Paswan dragged him from the tempo and assaulted him with bricks and stones on his head and face with intention to kill him. The informant became unconscious. On getting information, his elder brother came there and brought him to the P.H.C., Bikram, where the doctor referred him to P.M.C.H. Patna, where he was discharged on 11.12.2024. Accordingly, the F.I.R.
4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case on the basis of frivolous allegations and they have not committed any offence as alleged in the FIR. It has been submitted by the learned counsel for the petitioners that the allegations against these two petitioners are general and omnibus in nature and the injuries which are said to have been sustained by the informant is simple in nature and there is a counter version to the entire incident for which the First Information Report being Bikram PS Case No. 522 of 2024 dated 10.12.2024 has been lodged which is said to be prior to the present FIR. It has next been submitted that two accused persons had moved this Court for grant of anticipatory bail vide Cr. Misc. No. 25238 of 2025 and during pendency of the said application, one of the co-accused persons, namely, Subodh Paswan was arrested and, as such, the
3/4 application against him stood dismissed as withdrawn, while application for anticipatory bail of another co-accused, namely, Kundan Paswan was entertained and he was extended the benefit of privilege of anticipatory bail vide order dated 09.07.2025.
5. Learned APP vehemently opposes the prayer for anticipatory bail stating that the petitioners have caused injuries to the informant though they are simple in nature.
6. Looking to the nature of injuries and the manner in which these petitioners have been implicated in this case and the allegations being general and omnibus in nature and there being a counter version of the entire incident from the side of the petitioners which is said to be lodged prior to the present FIR and one of the similarly situated co-accused, Kundan Paswan has been granted anticipatory bail by a co-ordinate of this Court in Cr. Misc. No. 25238 of 2025, this Court is inclined to extend the petitioners the privilege of anticipatory bail.
7. Let the petitioners be released on bail, in the event of their arrest or surrender before the subordinate court within a period of six weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with aforesaid P.S. Case
4/4 to the satisfaction of learned ACJM-VI, Danapur, subject to the conditions as laid down under Section 482(2) of the BNSS as also subject to the following conditions.
(i) one of the bailors should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners 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 their bail bond by the Trial Court itself;
(iii) the petitioners shall co-operate in the investigation and make themselves available to the police as and when required;
(iv) the petitioners 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 cancellation of the bail bonds.
(Ajit Kumar, J) perwez U T