Sudhir Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62686 of 2025 Arising Out of PS. Case No.-121 Year-2025 Thana- AMARPUR District- Banka ====================================================== 1.
Sudhir Paswan S/o Late Rameshwar Paswan R/o Village - Khaira, P.S - Amarpur, District - Banka 2.
Awadhesh Paswan @ Awadhesh Kr. Arya @ Awadhesh Kumar Agyey S/o Sikandar Paswan R/o Village - Khaira, P.S - Amarpur, District - Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Pandey For the Opposite Party/s :
Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-09-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 110, 74, 303(2), 352, 351(2), 3(5) of the B.N.S.
3. The case in the first information report is that as many as 8 accused persons came variously armed to the house of the informant and upon exhortation given by Sudhir Paswan (petitioner no. 1) Awadhesh Paswan (petitioner no. 2) pushed the informant's father to ground and also assaulted him by means of rod on his head while Subodh Paswan assaulted by means of lathi.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.62686 of 2025(2) dt.15-09-2025 2/3 there are general and omnibus allegations in the first information report and even the specific allegation of assault upon the petitioners does not get corroborated by the injury report of the injured Ghanshyam Paswan, the father of the informant which shows only one injury on the head and the supplementary injury report indicates that the same is simple in nature caused by hard and blunt substance. It is further submitted that the petitioners and the informant are Gotiyas having previous grudge and enmity.
5. Learned APP for the State has opposed the application for anticipatory bail on the ground that there is specific allegation of assault upon these petitioners.
6. Taking into consideration the facts and circumstances and also considering the fact that the petitioners and the informant are Gotiyas having dispute between them and also considering the fact that the injury suffered by the informant's father, though on vital part is simple in nature, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court
Patna High Court CR. MISC. No.62686 of 2025(2) dt.15-09-2025 3/3 below where the case is pending/successor court in connection with Amarpur P.S. Case No. 121 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S. with further conditions: (i) One of the bailors will be a family member/close relative.
(ii) The petitioners would cooperate in the investigation by appearing before the investigating agency as and when required and in case of any non-cooperation or any further complaint of assault etc. against the present informant, the prosecution will be at liberty to file an application for cancellation of bail bonds.
(Soni Shrivastava, J) devendra/- U T