Patna High CourtCR. MISC./78521/2025bail granted

Navin Paswan v. The State Of Bihar

2026-01-07Mr. Justice Arun Kumar Jha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78521 of 2025 Arising Out of PS. Case No.-160 Year-2025 Thana- KHAGARIA District- Khagaria ====================================================== Navin Paswan S/O Late Dhaneshwar Paswan R/O vill - Mathurapur, P.S and dist. - khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP For the Informant :

Mr. Rahul Singh, Advocate Mr. Sushant Kumar, Advocate Mr. Amar Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Khagaria P.S. Case No. 160 of 2025 registered for the alleged offences under Sections 126(2), 118(1), 308(5), 351(2), 303(2) and 109 r/w Section 3(5) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, the petitioner, a convict of life term, along with other co-accused persons demanded extortion money from the informant. They threatened the informant with same fate as of his father, who had been murdered. The allegation against the petitioner is that he along

2/4 with other co-accused persons caught hold of the informant and snatched a gold chain worth Rs. 80,000/- from the informant. The co-accused fired upon the informant but the shot missed him.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is no specific allegation against the petitioner of assault or demanding extortion. The petitioner was not even present at the place of occurrence as he was in Begusarai getting treatment for his wife. Learned counsel further submits that, moreover, the informant sustained injury caused by forceful impact like hard and blunt substance and the nature of injury has been found to be simple. Learned counsel further submits that the petitioner is in custody since 20.08.2025 and charge-sheet has been submitted. The petitioner is having antecedent of 35 cases, out of which, in 30 cases, he has been acquitted/discharged/final form submitted and only five cases are pending against him and he is on bail in all the five cases.

05. Learned APP for the State as well as learned counsel for the informant vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that the petitioner is a veteran criminal and he

3/4 has also been convicted and sentenced to undergo life imprisonment and has been enlarged on bail by order of this Court. The petitioner and other co-accused persons made attempt on the life of the informant and they had been demanding extortion money.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria/court concerned in connection with Khagaria P.S. Case No. 160 of 2025 (G.R. No. 1366 of 2025), subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) Before accepting the bail bond of the petitioner, the concerned court will verify his criminal antecedent, and if the petitioner is found to be involved in any other cases besides those mentioned above, his bail bond will not be accepted.

4/4 (ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T