Sanjay Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3095 of 2025 Arising Out of PS. Case No.-237 Year-2024 Thana- VAISHALI District- Vaishali ====================================================== Sanjay Paswan, S/o Jugeshwar Paswan, R/o Vill.- Amritpur, P.S-Vaishali, Dist.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar Singh, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-03-2025 Heard Mr. Deepak Kumar Singh, learned counsel for the Petitioner and Mr. Nitya Nand Tiwary, learned APP for the State.
2. Petitioner seeks regular bail in connection with Vaishali P.S Case No. 237 of 2024 dated 28.06.2024 registered for the offences punishable under Sections 341, 447, 323, 324, 307, 379, 504 and 506 read with Section 34 of the Indian Penal Code.
3. The main submissions advanced by petitioner's counsel are that both the parties are agnates, as per the allegation levelled against this petitioner in the FIR, he allegedly inflicted Hasuli blow at the nose of the informant causing an injury to the said part of her body and Hasuli comes in the purview of sharp aged weapon but as per the injury report of the informant, injury found on her nasal area has been opined to be
Patna High Court CR. MISC. No.3095 of 2025(3) dt.19-03-2025 2/3 caused by hard and blunt object which does not corroborate the nature of the weapon which is alleged to have been used by this petitioner in assaulting the informant, however, there is no allegation of repeated blow by using the said weapon to the informant by this petitioner which shows that he had no intention to kill the informant. It is further submitted that from the prosecution story narrated in the FIR, any motive on the part of the petitioner to make a murderous attempt on the informant does not appear. It is further submitted that one co-accused namely, Ramprit Paswan @ Prit Paswan who is named in the FIR and alleged to have assaulted one, Mahavir Paswan has been granted the relief of regular bail by this Bench vide order dated 13.12.2024 passed in Cr. Misc. No.
86493 of 2024. It is further submitted that though against this petitioner there are criminal antecedents of two cases but both the cases relate to the year 2019 and were lodged under Section 379 of IPC in which he is on bail. It is lastly submitted that the petitioner has been languishing in jail since 23.10.2024 and against him, the investigation has been completed.
4. Learned APP for the State has opposed the prayer for bail of the petitioner.
5. Considering the aforesaid submissions and mainly
Patna High Court CR. MISC. No.3095 of 2025(3) dt.19-03-2025 3/3 taking into account the facts that the investigation has been completed against this petitioner and there is no allegation of repeated blow by the alleged weapon by this petitioner to the informant and also coupled with the contradiction with regard to the weapon allegedly used by this petitioner in assaulting the informant as pointed out by petitioner's counsel, this Court is inclined to grant the relief of regular bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Vaishali P.S Case No. 237 of 2024.
(Shailendra Singh, J) maynaz/- U T