Shiv Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44791 of 2025 Arising Out of PS. Case No.-77 Year-2025 Thana- HASPURA District- Aurangabad ====================================================== 1.

Nanheshwar Paswan @ Doman Paswan S/o- Late Kariman Paswan VillageChanhat PS-Haspura District- Aurangabad Bihar 2.

Chhotelal Paswan @ Chhotan @ Satyendra Paswan @ Chhotan Paswan S/oLate Lakhan Paswan Village- Chanhat PS-Haspura District- Aurangabad Bihar 3.

Sonu Kumar @ Sonu Paswan S/o- Suraj Paswan Village- Chanhat PSHaspura District- Aurangabad Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 65452 of 2025 Arising Out of PS. Case No.-77 Year-2025 Thana- HASPURA District- Aurangabad ====================================================== Shiv Paswan S/O Late Mahadeo Paswan R/O Village- Chanhat, P.S- Haspura, Distt.- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 44791 of 2025) For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the State :

Mr. Binod Kumar, APP For the Informant :

Ms. Nitee Ranjan, Advocate Mr. Muralidhar, Advocate (In CRIMINAL MISCELLANEOUS No. 65452 of 2025) For the Petitioner/s :

Mr. Santosh Chandra Bhaskar, Advocate For the State :

Mr. Ashok Kumar Singh, APP For the Informant :

Ms. Nitee Ranjan, Advocate Mr. Muralidhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-11-2025 Heard learned counsel for the petitioners and learned APP for the State as also learned counsel for the informant.

Patna High Court CR. MISC. No.44791 of 2025(5) dt.03-11-2025 2/3 2.

The petitioners seek bail in connection with Haspura P.S. Case No. 77 of 2025 instituted for the offence under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109(1), 103(1), 76 & 303(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

The case of the prosecution is that altogether 33 persons named in the FIR have assaulted the family members of the informant due to which one Chandradeep Bhagat died. 4.

It has been submitted on behalf of the petitioners that the petitioners of Cr. Misc. No. 44791 of 2025 are in custody since 16.03.2025, having one criminal antecedent each, whereas petitioner of Cr. Misc. No. 65452 of 2025 are in custody since 21.05.2025, having no criminal antecedent. 5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. Learned counsel for the petitioners mainly submits that from perusal of the FIR, it is clear that petitioners are only the member of the mob. There are 33 accused persons in this case and there is no specific allegation alleged against the petitioners. Similarly situated co-accused person has been enlarged on bail by this Court vide order dated 08.10.2025, passed in Cr. Misc. No. 69942 of 2025.

Patna High Court CR. MISC. No.44791 of 2025(5) dt.03-11-2025 3/3 6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioners.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners, there being no specific allegation against the petitioners and claim based on parity, this Court is inclined to grant bail to the petitioners. 8.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Haspura P.S. Case No. 77 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Raj Kishore/- U T