Bhola Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83578 of 2025 Arising Out of PS. Case No.-202 Year-2025 Thana- KHANPURA District- Samastipur ====================================================== 1.

Bhola Paswan Son of Gango Paswan R/o Village - Dinmanpur, P.S. - Khanpur, Distt. - Samastipur.

2.

Gango Paswan Sukhan Paswan vill dimanpur ps khanpur dist samastipur 3.

Sunil Paswan Son of Gango Paswan R/o Village - Dinmanpur, P.S. - Khanpur, Distt. - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-01-2026 Heard the parties.

2. At the outset, learned Advocate for the petitioners submits that during the pendency of the present application, the petitioner Nos. 1 and 2 have been arrested and, as such, he seeks permission to withdraw the application on their behalf.

3. Permission is accorded.

4. The petitioner No. 3 apprehends his arrest in connection with Khanpur P.S. Case No. 202 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 74, 118(1), 109, 303(2), 352, 351(2), 3(5) of the BNS.

5. The allegation against the petitioners is of causing assault to the informant and her mother-in-law by means of

Patna High Court CR. MISC. No.83578 of 2025(2) dt.05-01-2026 2/3 sword due to which they sustained serious injuries, besides the allegation against other co-accused persons of causing assault and outraging the modesty of the informant and others.

6. Learned Advocate for the petitioner submitted that the parties are agnates and the reason for the alleged occurrence is nothing but a trifle on account of throwing of garbage. The petitioner No. 3 is not a man of criminal antecedent. However, on account of some scuffle took place between the parties, it resulted into some unfortunate injuries to the informant and her mother-in-law; however, the same have been found to be simple in nature. The petitioner No. 3 undertakes that he will fully cooperate in the proceeding of the court and would not indulge in such occurrence in future.

7. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the corresponding injuries to the informant alleged against the petitioner No. 3 clearly suggest his active participation.

8. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the genesis of occurrence, coupled with the simple nature of injury and the fair antecedent of the petitioner No. 3, let the petitioner No. 3 abovenamed be released on bail, in the event of

Patna High Court CR. MISC. No.83578 of 2025(2) dt.05-01-2026 3/3 his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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, Samastipur in connection with Khanpur P.S. Case No. 202 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner No. 3.

(Harish Kumar, J) Anjani/- U T