Vishal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78107 of 2025 Arising Out of PS. Case No.-26 Year-2025 Thana- GORAUL District- Vaishali ====================================================== 1.
Vishal Paswan S/o Manoj Paswan R/o village - Bahbalpur, P.S - Goraul (Kathara O.P), District - Vaishali 2.
Sandesh Paswan S/o Manoj Paswan R/o village - Bahbalpur, P.S - Goraul (Kathara O.P), District - Vaishali 3.
Indal Paswan S/o Manoj Paswan R/o village - Bahbalpur, P.S - Goraul (Kathara O.P), District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudha For the Opposite Party/s :
Mr. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-12-2025
1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Goraul Police Station Case No. 26 of 2025, dated 23.01.2025, disclosing offences under Sections 126(2)/115(2)/118(1)/109/303(2)/74/76/351(2)/352/3(5) of the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report, is that on 08.01.2025, while the informant, namely, Guddu Kumar, was working with his brother Deepak Kumar in the tobacco field, the petitioner nos. 1 and 2
2/4 arrived there on motorcycle with 20 liters of liquor and started abusing the informant and his brother. The informant called the police and as soon as the police arrived, the petitioner nos. 1 and 2 ran away from there. After the police left the place of occurrence, the petitioner nos.1 and 2 having sharp cutting weapon, iron-rod, etc. in their hands arrived there and attacked the informant and his brother due to which they sustained injuries. After assaulting the informant his brother, the petitioners and other accused persons went towards their house and started assaulting his wife, mother and sister-in-law. It has further been alleged that Indal Paswan i.e. petitioner no. 3 tried to outraged the modesty of informant's sister-in-law.
4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case due to land dispute as well as dispute regarding fish pond. There is inordinate delay in lodging of the First Information Report inasmuch as the occurrence took place on 08.01.2025, however, First Information Report has been lodged on 23.01.2025. He next submits that for the same occurrence, another First Information Report was also lodged by one Kisan Dev Kumar on 19.01.2025.
3/4 He further submits that counter case has also been lodged by the side of the petitioners, bearing Goraul Police Station Case No. 27 of 2025 against the informant and others. The petitioners have also sustained injuries caused by the side of the informant and others and injury caused to the victims are not serious in nature and opinion of the doctor has been kept reserved. The petitioners have no criminal antecedent.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are neigbours having dispute regarding pond and land, case and counter is there between them and there is inordinate delay in lodging of the First Information Report, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, 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 Additional Chief Judicial Magistrate I, Vaishali at Hajipur, in
4/4 connection with Goraul Police Station Case No. 26 of 2025, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. (Anil Kumar Sinha, J) ashwani/- U T