Aabit Kumar @ Aabit Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 84490 of 2025 Arising Out of PS. Case No.-208 Year-2024 Thana- CHANDRADIP District- Jamui ====================================================== 1.
Aabit Kumar @ Aabit Paswan Son of Ramji Paswan Resident of Village - Palsa Buzurg, P.O. - Artha, P.S. - Chandradeep, Dist. - Jamui. 2.
Satish Kumar @ Satish Paswan Son of Ramji Paswan Resident of Village - Palsa Buzurg, P.O. - Artha, P.S. - Chandradeep, Dist. - Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anand Kishore Sinha, Advocate For the Opposite Party/s :
Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-01-2026 Heard Mr.Anand Kishore Sinha, learned counsel for the petitioners and Mr.Anand Kishore Choudhary, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Chandradeep P.S.Case No.208 of 2024, FIR dated 24.10.2024 registered for the offences punishable under Sections 191(2), 126(2), 190, 115(1), 118(1), 117(2), 109, 329(3), 352 and 351(2) of BNS, 2023.
3. The prosecution case as stated in the FIR is that on dated 23.10.2024 at about 6 P.M., the informant Rajesh Paswan was sitting alongwith his family at home, suddenly, the accused Ramji Paswan came at his house with family members and
2/4 started using abusive and filthy language to the informant and their family member. The accused Ramji Paswan instructed to his son's to kill the family members of the informant. As a result of which, Rohit Paswan has assaulted with Tangi on the head of the informant due to which he sustained injury on his head and he fell down. It was also stated that Aabit Paswan had assaulted with Khanti due to which informants left leg finger was damaged. Meanwhile, the informant's brother came to save him but Satish Paswan assaulted to his brother due to which his hand finger was damaged. Besides it, Dhanwanti Devi has assaulted with Lathi to the informant's mother and his wife.
4. Learned counsel for the petitioners submits that the present case is counter blast of Chandradeep P.S.Case No.207/2024. The allegation as alleged in the FIR is false and fabricated. Allegation against petitioner No.1 is that he assaulted to the informant by means of Khanti to the informant due to which his left leg finger was damaged and allegation against petitioner No.2 is that he assaulted to the brother of the informant due to which his hand finger was damaged. Learned counsel for the petitioner submits that the injury inflicted upon the informant is simple in nature and so far as injury report of the brother of the informant is concerned that the injury is
3/4 grievous in nature but the same is not on the vital part of the body rather the injury is on the right hand of the brother of the informant.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioners and submits that there is direct and specific allegation against the petitioners that they assaulted to the informant and his brother. Further submits that petitioner No.1 carries one more case other than the present one but fairly submits that the petitioner is on bail in the said case, as mentioned in para-3 of the bail petition. Petitioner No.2 has clean antecedent.
6. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released 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 learned A.C.J.M.-I, Jamui in connection with Chandradeep P.S.Case No.208 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions:-
4/4 (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below. (II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T