Pawan Kumar @ Pawan Kumar Sharma @ Pawan Kumar Shrma @ Pawan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72898 of 2025 Arising Out of PS. Case No.-175 Year-2025 Thana- BASANTPUR District- Siwan ====================================================== Pawan Kumar @ Pawan Kumar Sharma @ Pawan Kumar Shrma @ Pawan Sharma S/O Rajkishor Sharma @ Raj Kishor Shrma R/O Vill.- Sendurkha, P.S.-Basantpur, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Rai, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-01-2026 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Basnantpur P.S. Case No. 175 of 2025, instituted for the offences punishable under Sections 191(2), 126(2), 115(2), 109(1), 303(2) and 352 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the petitioner along with other co-accused person abused and assaulted the informant on his head with an iron-rod with an intention to kill him. It is further alleged that family members of the informant were also assaulted by the accused persons due to which they have sustained injuries.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.72898 of 2025(3) dt.13-01-2026 2/3 petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is general and omnibus in nature. It is further submitted that there is admitted land dispute as also case and counter case between the parties. Injury no. 1 of the informant is grievous in nature and injury of other family members are simple in nature. The petitioner is in custody since 27.06.2025 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, case and counter case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Basnantpur P.S. Case No. 175 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.72898 of 2025(3) dt.13-01-2026 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner 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 petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T