Muneshwar Paswan @ Muneswar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61736 of 2025 Arising Out of PS. Case No.-128 Year-2025 Thana- DALSINGHSARAI District- Samastipur ====================================================== 1.
Muneshwar Paswan @ Muneswar Paswan S/o Late Uchit Paswan, R/o Village - Loknathpur Ganj, Manohar Tola, P.S - Dalsingsarai, District - Samastipur.
2.
Prince Paswan S/o Ajit Paswan, R/o Village - Loknathpur Ganj, Manohar Tola, P.S - Dalsingsarai, District - Samastipur. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Mahendra Pratap, Advocate For the State :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-12-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. In the present case, the petitioners seek bail in connection with Dalsingsarai P.S. Case No. 128 of 2025 dated 10.04.2025, registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 352, 351(2) and 351(3) of the B.N.S., 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioners and other co-accused persons abused and assaulted the informant. The co-accused fired upon and shot at two family members of the informant and a neighbouring lady.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.61736 of 2025(4) dt.15-12-2025 2/3 petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. The only allegation against the petitioners is that they abused and assaulted the informant, but this allegation is general and omnibus with other co-accused persons. The allegation of opening fire is against coaccused Mithun Paswan and there was no common intention or objective to cause death of any person. The petitioners have been named in this case as they are related to co-accused Mithun Paswan. Learned counsel next submits that petitioners are having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioners are in custody since 12.04.2025.
5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioners and submits that the petitioners and other co-accused persons attacked the informant and his family members and they also used fire-arms.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that there is no specific allegation of opening fire against the petitioners and further considering their period of custody, clean antecedent and submission of chargesheet, the petitioners,
Patna High Court CR. MISC. No.61736 of 2025(4) dt.15-12-2025 3/3 above-named, are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Dalsingsarai, Samastipur / concerned Court, in connection with Dalsingsarai P.S. Case No. 128 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial Court.
(iii) In case of non-appearance of the petitioners on single date or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J) Shahnawaz/- U T