Avinash Paswan @ Avinash Malya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67636 of 2025 Arising Out of PS. Case No.-12 Year-2024 Thana- Benta District- Darbhanga ====================================================== Avinash Paswan @ Avinash Malya Son of Arun Paswan Resident of Village - Kabirchak, P.S. - Sadar, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-11-2025 Heard learned counsel for the petitioner and learned APP for the State .

2. Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 328,. 387 and 34 of IPC .

3 . As per F.I.R. informant namely , Priti Kumari alleged that on 20.04.2024 , when husband of informant was returning, this petitioner including all the accused persons surrounded him and demanded ransom of Rs. 1 lakh and upon refusal, co-accused Vijay Paswan and his friends stabbed dagger in the belly of husband of informant due to her husband became unconscious and during course of treatment he died.

4. Learned counsel for the petitioner submits that informant is not an eye witness to the alleged occurrence . As

Patna High Court CR. MISC. No.67636 of 2025(3) dt.25-11-2025 2/2 per F.I.R. 5 named accused persons including this petitioner assaulted deceased but in the Postmortem report only 1 injury has been found. Allegation is general and omnibus against this petitioner. No specific allegation of overt act is against him. Petitioner is in custody since 23.12.2024 . Chargesheet has already been submitted.

5 . The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail .

6. Considering the aforesaid facts, period of custody and other circumstances of the case , let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - III , Dharbhanga in connection with Benta P.S. Case No. 12 of 2024 .

(Prabhat Kumar Singh, J) Koushik/- U T