Kaju Kumar @ Kaju Paswan @ Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79271 of 2025 Arising Out of PS. Case No.-583 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Kaju Kumar @ Kaju Paswan @ Rohit Kumar S/O Late Mahendra Bhagat R/o Vill.- Mustafapur, P.S - Bidupur, District - Vaishali At Hajipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate Mr. Ajay Kumar, Advocate Mr. Kanhaiya Kumar, Advocates For the State :
Mr. Jagdhar Prasad, APP For the Informant :
Mr. Md. Ejaz Akhtar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner; learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with Bidupur P.S. Case No. 583 of 2022 dated 02.11.2022 instituted for the offence punishable under Sections 147, 148, 149, 341, 447, 448, 323, 324, 307, 384, 504, 506 of the Indian Penal Code.
3. The prosecution case, in short, is that on the alleged date of occurrence, the informant was doing construction at front side of his shop. In the meanwhile, all the accused persons including the petitioner and other 100 unknown persons armed with Kudal, sword, Farsa, Gadasa and Hasua came and ordered
Patna High Court CR. MISC. No.79271 of 2025(2) dt.19-11-2025 2/3 to stop the work or pay two lakh rupees as Rangdari. When the informant denied to pay, they assaulted the informant with Kudal, sword, Farsa etc. It is alleged that during scuffle the petitioner and one Sanjay Paswan assaulted with Gadasa and Farsa with intention to kill the nephew of the informant, which caused injury on his head and blood was oozing.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that there is specific allegation against the petitioner and co-accused, Sanjay Paswan that they assaulted with Gadasa and Farsa with intention to kill the nephew of the informant which caused an injury on his head. It is submitted that the injury report does not support the case of prosecution. The doctor opined that the injury has been caused by hard and blunt object. Learned counsel for the petitioner also submits that the co-accused, Sanjay Paswan has been granted bail vide order dated 11.05.2023 passed by co-ordinate Bench of this Court in Criminal Miscellaneous No. 13799 of 2023. Lastly, it has been submitted that the petitioner is in custody since 01.09.2025 having no criminal antecedents. Charge-sheet has been submitted in the case.
Patna High Court CR. MISC. No.79271 of 2025(2) dt.19-11-2025 3/3
5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for bail of the petitioner. Learned counsel for the informant submits that there is specific allegation against the petitioner that he assaulted the nephew of the informant with Farsa and Gadasa. The incarceration of the petitioner as well as of Sanjay Paswan is not the same. Petitioner is in custody from 01.09.2025 and Sanjay Paswan remained in custody for about five months.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 583 of 2022.
(Khatim Reza, J) premchand/- U T