Shaym Narayan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82031 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- MALI District- Aurangabad ====================================================== 1.
Shaym Narayan Paswan, S/o- Doman Paswan Resident of Village- Ugnahi PS- Mali Dist- Aurangabad 2.
Ajay Paswan, S/o- Ram Payare Paswan Resident of Village- Ugnahi PSMali Dist- Aurangabad 3.
Guddu Paswan, S/o- Ajay Paswan Resident of Village- Ugnahi PS- Mali Dist- Aurangabad 4.
Ranjan Paswan, S/o- Ajay Paswan Resident of Village- Ugnahi PS- Mali Dist- Aurangabad 5.
Sanjay Paswan, S/o- Sohram Paswan Resident of Village- Ugnahi PS- Mali Dist- Aurangabad 6.
Raju Paswan, S/o- Sohram Paswan Resident of Village- Ugnahi PS- Mali Dist- Aurangabad 7.
Avinandan Paswan, S/o- Doman Paswan Resident of Village- Ugnahi PSMali Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Priyam Kumari, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 15-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners apprehend their arrest in connection with Mali P.S. Case No.95 of 2025 registered for the offences under Sections 127(2), 191(1), 190, 118(1), 118(2), 109, 351(2) 3 of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, altogether 14 persons
2/4 are said to have forced the informant on the ground and thereafter co-accused Sikandar Paswan is said to have assaulted him on his legs and also abused him. It is further alleged that the other two named accused persons had abused and had also assaulted the son of the informant, causing injuries.
4. Learned counsel for the petitioners submit that the petitioners have falsely been implicated in this case and the entire family of the defence side has been named in this case on false and concocted story. It has next been submitted that from a bare perusal of the FIR, it would be evident that there is general and omnibus allegation against all the petitioners of having pushed the informant on floor and as far the allegation of assault is concerned, it is upon the other co-accused persons. It has further been submitted that the allegations are palpably false with no specific attribution against any of the petitioners. It has next been submitted that the petitioners have fair antecedent.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below
3/4 within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Mali P.S. Case No.95 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioners shall be their close relative.
(ii) The petitioners shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned.
(iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of their bail bond. (v) The learned Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners has concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
4/4 allowed.
8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) manoj/- U T