Pappu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74807 of 2025 Arising Out of PS. Case No.-168 Year-2025 Thana- NAGARNAUSA District- Nalanda ====================================================== Pappu Paswan S/O Ram Lakhan Paswan R/O Village- Goraipur, P.S.- Nagarnausa, District- Nalanda, Bihar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Tiwary, Adv.
For the State :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 28-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Nagarnausa P.S. Case No. 168 of 2025 initially registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(2), 109(1), 117(2), 352, 351(3) of BNS and Section 27 of the Arms Act and later on, Section 103 BNS was added.
3. As per prosecution case, on 07.07.2025 at about 8:00 AM, informant heard that some people were assaulting the informant's brother upon which she went there and saw that accused persons including the petitioner after surrounding the informant's brother, were abusing and assaulting him. When the informant came to his rescue, co-accused Raju Kumar fired
2/4 upon the informant from pistol which hit on her left thigh as a result of which she got injured and fell down.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner is in custody since 25.07.2025 and bears criminal antecedent of one case, in which he is on bail. Learned counsel further submits that there is no allegation of firing against the petitioner rather specific allegation of firing is against co-accused Raju Kumar. There is general and omnibus allegation of assault against the petitioner. Petitioner is not the assailant of the deceased. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that having similar allegation, co-accused Amarjeet Kumar and Sujit Kumar have already been granted bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 75884 of 2025. Similarly, coaccused Ashok Paswan has also been granted bail by a coordinate Bench of this Court vide Cr. Misc. No. 76980 of 2025 and on the principle of parity, petitioner deserves bail.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner and submits that petitioner is
3/4 named in the FIR and hence, he cannot escape from the allegation made in the FIR.
6. Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, similarly situated co-accused persons have already been granted bail by a co-ordinate Bench of this Court, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-IV, Hilsa, Nalanda in connection with Nagarnausa P.S. Case No. 168 of 2025, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or
4/4 the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) shahzad/- U T