Dadan Ram @ Dadan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74000 of 2025 Arising Out of PS. Case No.-366 Year-2025 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

Dadan Ram @ Dadan Paswan S/O Shradanand Ram @ Sharda Nand Ram Residents of Village- Erauda, P.S- Udwant Nagar, P.O.- Dularpur, DistrictBhojpur (802206). 2.

Dhanlal @ Dhanlal Paswan S/O Shradanand Ram @ Sharda Nand Ram Residents of Village- Erauda, P.S- Udwant Nagar, P.O.- Dularpur, DistrictBhojpur (802206). 3.

Sonu Kumar @ Sonu Kumar Paswan S/O Panchanand Paswan @ Sanjay Ram @ Sanjay Residents of Village- Erauda, P.S- Udwant Nagar, P.O.- Dularpur, District- Bhojpur (802206).

4.

Ritesh Paswan @ Ritesh Kumar S/O Harendra Paswan @ Harendra Kumar Paswan Residents of Village- Erauda, P.S- Udwant Nagar, P.O.- Dularpur, District- Bhojpur (802206).

5.

Manorama Devi W/O Panchanand Ram @ Sanjay Ram @ Sanjay Residents of Village- Erauda, P.S- Udwant Nagar, P.O.- Dularpur, District- Bhojpur (802206).

6.

Manish Kumar @ Manish Paswan S/O Harendra Paswan @ Harendra Ram @ Harendra Kumar Paswan Residents of Village- Erauda, P.S- Udwant Nagar, P.O.- Dularpur, District- Bhojpur (802206). 7.

Shanti Devi W/O Dhanlal Paswan @ Dhanlal Ram Residents of VillageErauda, P.S- Udwant Nagar, P.O.- Dularpur, District- Bhojpur (802206). 8.

Bhagirathi Kumar @ Bhagriti Kumar @ Bhagriti Paswan S/O Panchanand Paswan @ Panchanand Ram Residents of Village- Erauda, P.S- Udwant Nagar, P.O.- Dularpur, District- Bhojpur (802206). 9.

Harendra Paswan @ Harendra Kumar Paswan S/O Dadan Paswan @ Dadan Ram Residents of Village- Erauda, P.S- Udwant Nagar, P.O.- Dularpur, District- Bhojpur (802206).

10.

Pujan Ram @ Pujan Paswan @ Dinesh Paswan @ Dinesh Ram S/O Shradhanand Ram @ Shradha Nand Ram Residents of Village- Erauda, P.SUdwant Nagar, P.O.- Dularpur, District- Bhojpur (802206). 11.

Banti Kumar S/O Pujan Ram @ Pujan Paswan @ Dinesh Paswan @ Dinesh Ram Residents of Village- Erauda, P.S- Udwant Nagar, P.O.- Dularpur, District- Bhojpur (802206).

12.

Lakho Devi W/O Pujan Ram @ Dinesh Paswan @ Dinesh Ram Residents of Village- Erauda, P.S- Udwant Nagar, P.O.- Dularpur, District- Bhojpur (802206).

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ======================================================

2/5 Appearance :

For the Petitioners :

Ms. Lakshmi Kumari, Advocate For the State :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 25-11-2025 A supplementary affidavit has been filed on behalf of the petitioners; the same is taken on record.

2. Heard the parties.

3. There are altogether 12 petitioners who are apprehending their arrest in connection with Udwant Nagar PS Case No. 366 of 2025, dated 20.07.2025, registered for the offences punishable under Sections 191(2), 190, 115(2), 126(2), 308(3) and 109 of the B.N.S., 2023.

4. Based upon the written report, the prosecution alleges that on the fateful day, while the informant along with other family members were engaged in farming on their field, in the meanwhile, 15 named accused persons including the petitioners variously armed with lathi, danda, iron-rod, pistol and hasuli came there and started extorting money failing which they deterred them not to work on the field. On protest being made, it is specifically alleged that accused Devendra Paswan @ Lallu Paswan and Panchanand @ Sanjay assaulted Golu Kumar as well as Sanjeet Paswan and due to which they have sustained serious injury. It is also alleged that the husband and

3/5 brother-in-law of the informant were also beaten by Jitendra Paswan by means of khanti, whereas the other injured persons were assaulted by petitioner Pujan Ram due to which they also sustained injuries over their bodies. All the accused persons after assaulting the informant and her family members fled away after giving threatening.

5. Learned Advocate appearing on behalf of the petitioners, referring to the FIR contended that in fact, there was a previous land dispute and the parties are bickering over the same, which fact is also evident from the pendency of the Title Suit No. 457 of 2021 between the parties. The allegation of assault to various persons is not being corroborated with the injury report in as much as injured Kamla Devi, Sanjeet Kumar, Rajesh Ram as well as Golu Kumar have sustained simple injuries. So far the other injured persons are concerned, even their injury reports are not available on record, but prima facie it suggests that they were never subjected to medical examination by any doctor. So far the criminal antecedent of petitioner nos. 1, 3, 4, 8 and 9 are concerned, it is submitted that these are the offshoot of the land dispute between the parties and one more case has been filed with respect to the similar incident by the same informant, which also shows

4/5 malafide on her part. The rest of the petitioners are having fair antecedent. All of them undertake before this Court that they will fully cooperate in the proceeding of the Court and would not indulge in such activities.

6. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that because of the assault caused by the petitioners, the informant and her family members have sustained serious injuries and as such they do not deserve the privilege of anticipatory bail.

7. Regard being had to the submissions advanced by the learned Advocates for the respective parties and considering the genesis of the occurrence, besides the simple nature of injuries, coupled with the undertaking by the petitioners, let the petitioners, above-named, be released on bail, in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt / production of a copy of this order, upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Ara, Bhojpur, in connection with Udwant Nagar PS Case No. 366 of 2025, subject to the conditions laid down in

5/5 Section 482(2) of the B.N.S.S., 2023, with the further conditions that:

(i) one of the bailors shall be the own / close family members of the petitioners.

(ii) if the petitioners shall be found involved in identical incident in future, the informant and State shall be at liberty to file application for cancellation of their bail bonds. (Harish Kumar, J) Shahnawaz/- U T