Shiv Shankar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79250 of 2025 Arising Out of PS. Case No.-78 Year-2025 Thana- Fekla District- Darbhanga ====================================================== 1 .

Shiv Shankar Paswan S/o Chalitar Paswan Resident of Village- Chhaparghat Uttarwari Tol, P S.- Fekla, Dist- Darbhanga 2.

Ramesh Paswan S/o Uday Paswan Resident of Village- Chhaparghat Uttarwari Tol, P S.- Fekla, Dist- Darbhanga 3 .

Dharmendra Paswan S/o Harilal Paswan Resident of Village- Chhaparghat Uttarwari Tol, P S.- Fekla, Dist- Darbhanga 4.

Raju Paswan S/o Harilal Paswan Resident of Village- Chhaparghat Uttarwari Tol, P S.- Fekla, Dist- Darbhanga 5 .

Pawan Paswan S/o Kailash Paswan Resident of Village- Chhaparghat Uttarwari Tol, P S.- Fekla, Dist- Darbhanga 6.

Rahul Paswan @ Rahul Kumar S/o Kailash Paswan Resident of VillageChhaparghat Uttarwari Tol, P S.- Fekla, Dist- Darbhanga 7.

Manish Paswan S/o Late Sri Prasad Paswan Resident of VillageChhaparghat Uttarwari Tol, P S.- Fekla, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand , Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-11-2025 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 126 ( 2 ), 115 ( 2 ), 118 (1) , 103 , 76, 352 and 3 (5) of BNS. 3 . As per F.I.R., informant namely, Sheela devi alleged that on 09.08.2025 at about 6 O' Clock , all the F.I.R.

Patna High Court CR. MISC. No.79250 of 2025(2) dt.20-11-2025 2/3 named accused persons including these petitioners came and coaccused Vijay Paswan and Pawan Paswan (petitioner No. 5) started threatening mother-in -law of informant and other accused persons pulled her saree and made her naked and thereafter, assaulted her by iron rod. When informant went to rescue her, then she was also assaulted and misbehaved and in the alleged occurrence , mother-in -law of informant died.

4. Learned counsel for the petitioner submitted that during panchayati, a scuffle took place between both the parties in which both sides sustained injuries. Case and counter case . Specific accusation of assault is against other co-accused persons. So far as these petitioners are concerned, allegation is general and omnibus against them. Petitioners claim clean antecedent.

5 . Learned counsel for the State opposed the bail petition and submitted that there is specific accusation of assault to deceased is against petitioner No. 5 and other co-accused persons.

6. Considering the seriousness and nature of accusation against petitioner No. 5 , the prayer for pre - arrest bail of petitioner No. 5 is rejected.

7. Considering the general and omnibus allegation

Patna High Court CR. MISC. No.79250 of 2025(2) dt.20-11-2025 3/3 against petitioner Nos. 1 2, 3 , 4, 6 and 7 and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner Nos. 1 , 2, 3 , 4, 6 and 7 as named above , be enlarged 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 the learned ACJM-I, Darbhanga in connection with Fekla P.S. Case No. 78 of 2025 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 . (Prabhat Kumar Singh, J) Koushik/- U T