Pandav Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71099 of 2025 Arising Out of PS. Case No.-20 Year-2024 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Pandav Paswan S/o- Late Narayan Paswan Village- Chandpur P.S.- Jagdishpur District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Upadhyaya, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with S.T. No. 553 of 2025 arising out of Jagdishpur P.S. Case No. 20 of 2024 instituted for the offence under Sections 342, 323, 307, 302 & 34 of the Indian Penal Code. Earlier vide order dated 13.12.2024, passed in Cr. Misc. no. 83329 of 2024, anticipatory bail of the petitioner was rejected by a Co-ordinate Bench of this Court.

3.

The prosecution case, in brief, is that on 07.01.2024 at about 9:00 PM, the informant's son Kartik Paswan was found lying unconscious in the street. He was taken to Mayaganj Hospital and later to Siliguri for treatment. After

Patna High Court CR. MISC. No.71099 of 2025(2) dt.09-10-2025 2/3 regaining consciousness, he stated that the accused persons, including the petitioner, had assaulted him and dumped him assuming he was dead.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.03.2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is delay of 10 days in lodging the FIR. There is no eye witness to the occurrence. There is no specific allegation against the petitioner, rather the same is general and omnibus in nature. Other co-accused have been granted bail by a Coordinate Bench of this Court, vide order dated 06.08.2025 passed in Cr. Misc. No. 38716 of 2025. Charge sheet has already been submitted in this case and charge has been framed against the petitioner.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and charge being framed, this Court is inclined to grant

Patna High Court CR. MISC. No.71099 of 2025(2) dt.09-10-2025 3/3 bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S.T. No. 553 of 2025 arising out of Jagdishpur P.S. Case No. 20 of 2024. (Rudra Prakash Mishra, J) Raj Kishore/- U T