Birjabhar Kumar @ Birjabhar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76388 of 2025 Arising Out of PS. Case No.-59 Year-2025 Thana- Rampur Chauram District- Arwal ====================================================== Birjabhar Kumar @ Birjabhar Paswan S/o Late Judagir Paswan R/o VillageVajitpur, P.S.- Rampur Chauram, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his/her arrest in connection with Rampur Chauram P.S. Case No. 59 of 2025, dated 21.05.2025, registered under Sections 115(2), 109, 118(2), 352, 3(5) of the B.N.S.

3. The prosecution case, in brief, is that on 19.05.2025, during land mapping the cousins of informant were disturbing his way. In the meantime Vijay Paswan came there with Kudari and Khanti and also started abusing the informant and running to kill him, then the informant tried to flee away, in the meantime petitioner caught the informant and all the accused persons started assaulting the informant. Shrawan Kumar assaulted with Khanti upon the informant, due to which

Patna High Court CR. MISC. No.76388 of 2025(2) dt.19-11-2025 2/3 blood was oozing out from his head.

4. It is submitted by the learned counsel for the petitioner that the allegation of causing injury is against Shrawan Kumar, while there is no such allegation of any overt act made against this petitioner by imputing any attribution. It has next been submitted that from the F.I.R., it is quite evident that co-accused Shrawan Kumar had inflicted injury over the head of the informant, which on examining by the treating Doctor the injury has been found to be grievous in nature.

5. Learned Additional Public Prosecutor for the State has opposed the prayer for bail of the petitioner.

6. Considering the facts that there is no direct evidence against the petitioner regarding causing injury to informant, rather allegation of causing injury is against Shrawan Kumar, let the above named petitioner, be released on anticipatory bail, in the event of his/her arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Arwal in connection with Rampur Chauram P.S. Case No. 59 of 2025, subject to the condition as laid down under Section 482 of the B.N.S as well as the following conditions:-

Patna High Court CR. MISC. No.76388 of 2025(2) dt.19-11-2025 3/3 (i) one of the bailors should be the family member/relative of the petitioner (s) who shall provide official document to show his/her bona fide;

(ii) the petitioner (s) 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 his/her/their bail bond by the Trial Court itself; (iii) the petitioner (s) 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;

(iv) the petitioner (s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) pravinkumar/- U T