Arvind Paswan @ Arvind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73699 of 2025 Arising Out of PS. Case No.-292 Year-2024 Thana- PIPRA District- Supaul ====================================================== 1.
Arvind Paswan @ Arvind Kumar S/O Sadanand Paswan Resident of Village- Maheshpur ward No. 03, P.S.- Pipra, District- Supaul 2.
Vishwaranjan Paswan @ Bishya Ranjan Paswan S/O Late Rajan Paswan @ Rajnandan Paswan Resident of Village- Maheshpur ward No. 03, P.S.- Pipra, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamal Kishore Singh, Adv For the Opposite Party/s :
Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 19-11-2025 Heard the parties.
2. This application for grant of anticipatory bail arises out of Pipra Police Station Case No. 292 of 2024, disclosing the offence under Sections 329(4), 126(2), 115(2), 109, 74, 303(2), 352, 351(2), 3(5) of the BNS, 2023 lodged on 14.09.2024 by the informant.
3. Prosecution story, as per the FIR lodged by informant, in brief, is that on 13/09/24 at about 12:00 noon, while she was going to her field, the accused Sadanand Paswan started abusing her and when she protested, he tried to assault her, but she fled to her house. Thereafter, all the accused persons being variously armed, came to informant's house and assaulted her. It is further alleged that the accused, Sadanand Paswan tried to outrage her modesty by throwing her on the ground and the accused, Deonandan Paswan assaulted over her head by means of iron-rod. When informant's husband and daughter came to
2/4 her rescue, the accused persons also assaulted them. It is further alleged that the accused Anil Paswan indiscriminately assaulted informant's husband, Janardan Thakur by means of lathi, causing tear wound over his head and the accused, Arvind Paswan (petitioner no.1) caused injury over the face of informant's daughter Ranjan Devi by means of lathi. It has also been alleged in the FIR that the accused, Vishwaranjan Paswan (petitioner no.2) snatched silver chain of informant's daughter and cash from informant's husband. Accordingly, the FIR.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have not committed any offence as alleged in the FIR. Learned counsel by referring to the FIR further submits that though allegation of assault is against petitioner no.1 but the injury which is said to have been sustained by informant's daughter is simple in nature while there is nothing specific against petitioner no.2. The allegations of having snatched the cash and silver chain from the person of informant's daughter is ornamental in nature and there is no explanation of the delay caused in registering the FIR while there is a counter version of the entire incident and the wife of the co-accused, namely, Anil Paswan who is cousin brother of petitioner no.1, has lodged an FIR on 19.09.2024 for the same
3/4 occurrence being SC/ST PS Case No. 46 of 2024 for the offence under Sections 126(2), 115(2), 109, 76, 303(2), 352, 351(2), 3(5) of the BNS, 2023. It has next been submitted that they are ready to abide by the conditions as imposed by this Court. He further undertakes that there would not be any repetition or harassment at their end in future.
5. Learned APP opposes the prayer for anticipatory bail of the petitioners .
6. After having heard learned counsel for the parties and taking into consideration the fact that there is a counter version of the incident, nothing specific has been alleged against the petitioners and the injury caused to the informant's side is simple in nature, this Court is inclined to grant the petitioners the privilege of anticipatory bail.
7. This application for anticipatory bail is, accordingly, allowed.
8. Let the petitioners, named above, in the event of their arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with aforesaid Police Station
4/4 Case subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023, as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners 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 bail bond by the Trial Court itself;
(iii) the petitioners 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 (iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
(Ajit Kumar, J) perwez U T