Sunesh Paswan @ Suresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77978 of 2025 Arising Out of PS. Case No.-314 Year-2025 Thana- LALGANJ District- Vaishali ====================================================== Sunesh Paswan @ Suresh Paswan, S/o- Rijhan Paswan, R/o Village- Wafapur Sharma, P.S- Lalganj, District- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar Jain, Advocate For the State :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Lalganj P.S. Case No. 314 of 2025, dated 02.07.2025, registered for the offences punishable under Sections 126, 115(2), 303(2), 329(3), 109, 352, 351(3), 3(5) of the B.N.S., 2023.

3. As per allegation, when the Petitioners were taking liquor, it was opposed by the Informant. Hence, he was assaulted by the Petitioner and other co-accused and even an amount of Rs.30,000/- was snatched from him.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the alleged injury is simple in

Patna High Court CR. MISC. No.77978 of 2025(2) dt.03-12-2025 2/3 nature as per the order passed by learned Trial Court, which is on record. He further submits that the case has been lodged after a delay of four days.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the simple nature of injury, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Lalganj P.S. Case No. 314 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court

Patna High Court CR. MISC. No.77978 of 2025(2) dt.03-12-2025 3/3 below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T