Ram Bachan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78478 of 2025 Arising Out of PS. Case No.-273 Year-2025 Thana- AKHODHIGOLA District- Rohtas ====================================================== 1.
Gauri Paswan @ Visheshwar Ram @ Visheshwar Paswan S/o Dina Paswan @ Dinanath Ram @ Dinanath Paswan R/o Village- Supabigha, PSAkorhigola, Dist- Rohtas 2.
Dhanji Paswan S/o Nirmal Paswan R/o vill - Bisunbigha, P.S.- Akorhigola, Distt.- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 79309 of 2025 Arising Out of PS. Case No.-273 Year-2025 Thana- AKHODHIGOLA District- Rohtas ====================================================== 1.
Ram Bachan Singh Son of Shio Pujan Singh @ Shiv Pujan Singh Resident of village-Jaynagar, P.S.- Akorhigola, District-Rohtas. 2.
Jag Narayan Singh @ Jag Narayan Kumar son of Ramchandra Singh Resident of village-Jorawarpur, District-Rohtas. P.S.- Akorhigola, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 78478 of 2025) For the Petitioner/s :
Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s :
Mr.Mithlesh Kumar Khare, APP (In CRIMINAL MISCELLANEOUS No. 79309 of 2025) For the Petitioner/s :
Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s :
Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-05-2026 Heard learned counsel appearing on behalf of the petitioners and the learned APP for the State.
2. Petitioners seek pre-arrest bail in connection with
2/4 Akorhigola P.S.Case No.273 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 115(2) and 109 of BNS.
3. As per the allegation made in the FIR, the other coaccused persons including the petitioners assaulted the informant and other persons by means of gun, country-made pistol, lathi-danda, rod, farsa, bhala etc., as a result, the informant and others sustained injuries.
4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and have committed no offence and the entire prosecution case is maliciously false, concocted and contrary to the actual facts and circumstances of the case. It is contended that no occurrence took place in the manner alleged in the F.I.R., and there exists a long-standing land dispute between the parties, which provides strong motive for false implication of the petitioners. It is further submitted that, in fact, the informant side had brutally assaulted the petitioners and their associates, and the present case has been instituted only to shield themselves from legal consequences and to pre-empt any complaint by the petitioners. Learned counsel further argued that there is an inordinate and unexplained delay of about 28 hours in lodging the F.I.R., which
3/4 creates serious doubt regarding the veracity of the prosecution case. It is also contended that the F.I.R. does not disclose any specific overt act or allegation of assault against these petitioners and they have been falsely implicated in collusion with the police
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
6. Having heard the rival submissions made on behalf of the parties, as well as, considering the fact that there is general and omnibus allegation against the petitioners and in view of the fact that there exists a long-standing land dispute between the parties, which provides strong motive for false implication of the petitioners and the informant side had also brutally assaulted the petitioners and their associates. I find that the petitioners has prima facie made out a case to be released on pre- arrest bail.
7. The petitioners are directed to be released on prearrest bail, in the event of their arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Dehri, Rohtas/concerned court, in connection
4/4 with Akorhigola P.S.Case No.273 of 2025, subject to conditions as laid down under Section 482(2) of BNSS of 2023
8. The learned district court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) chn/- U T .