Rajeev Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61273 of 2025 Arising Out of PS. Case No.-76 Year-2025 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== 1.
Rajeev Paswan Son of Sadhu Paswan R/o Village - Nimi, P.S. - Shekhopur Sarai, Dist. - Sheikhpura.
2.
Suraj Paswan Son of Sadhu Paswan R/o Village - Nimi, P.S. - Shekhopur Sarai, Dist. - Sheikhpura.
3.
Sadhu Paswan Son of Late Ram Kishun Paswan R/o Village - Nimi, P.S. - Shekhopur Sarai, Dist. - Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinkar Kumar, Advocate For the State :
Mr. Md. Mushtaque Alam, APP For the informant :
Mr. Nilendu Kumar Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-12-2025 Heard Mr. Dinkar Kumar, learned counsel for the petitioner and learned counsel representing the informant beside learned APP.
2. The petitioners are apprehending their arrest in connection with Shekhopur Sarai P.S. Case No. 76 of 2025 registered for the offence under Sections 126(2), 115(2), 109(1), 303(2), 351(2), 352 and 3(5) of the B.N.S., lodged on 14.06.2025 by the informant, Poonam Kumari.
3. As per the prosecution story, the informant alleged that when her father-in-law was pouring water on the wall of the house, the accused persons armed variously came and resorted
2/4 to assault. Allegation against Manoj Paswan is of assaulting Pramod Kumar, the husband of the informant causing injury on the head. So far as petitioner no.1, Rajeev Paswan is concerned, the allegation is of assaulting Vinod Saw on the right leg and further returned the house and damaged the household articles. Against Rajeev Paswan, allegation of kicking the belly of two months' pregnant lady, the informant herself. Further allegation of taken away of money, the injured were rushed to the hospital. This led to the FIR.
4. Learned counsel for the petitioners submit that belated F.I.R. is there, earlier the petitioner side also lodged the F.I.R. and informed the Police about encroachment being made by the informant side. This is a manipulated FIR/medical report.
5. On the other hand, learned counsel representing the informant submits that a perusal of the different medical report would show that the entire family member have been assaulted.
6. So far as Vinod Saw is concerned who has been assaulted by Rajeev Paswan, the injury has been found to be grievous in nature. This has been recorded in paragraph no.48 of the case diary.
7. Considering the submissions of the parties as also the materials on record, so far as petitioner no.1, Rajeev Paswan
3/4 is concerned, his anticipatory bail application stands rejected.
8. So far as petitioner no.2, Suraj Paswan and petitioner no.3, Sadhu Paswan is concerned, though allegation is there, injuries have been found to be simple in nature, in that background, this Court is inclined to extend them the privilege of anticipatory bail.
9. Let the petitioner no.2, Suraj Paswan and petitioner no.3, Sadhu Paswan 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) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura, in connection with Shekhopur Sarai P.S. Case No. 76 of 2025 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner no.2, Suraj Paswan and petitioner no.3, Sadhu Paswan who shall provide official document to show his/her bona fide;
(ii) the petitioner no.2, Suraj Paswan and petitioner no.3, Sadhu Paswan 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
4/4 bond by the Trial Court itself;
(iii) the petitioner no.2, Suraj Paswan and petitioner no.3, Sadhu Paswan shall appear before the concerned police station every month for next six months to mark their attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds;
(iv) the petitioner no.2, Suraj Paswan and petitioner no.3, Sadhu Paswan 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;
(v) the petitioner no.2, Suraj Paswan and petitioner no.3, Sadhu Paswan shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds.
(Rajiv Roy, J) vinayak/- U T