Subash Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4416 of 2026 Arising Out of PS. Case No.-325 Year-2025 Thana- DINARA District- Rohtas ====================================================== Subash Paswan Son of Rameshwar Paswan R/o Village - Belwaeya, P.S.- Dinara, District - Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prem Kumar Paswan, Advocate For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-04-2026 Heard Mr.Prem Kumar Paswan, learned counsel for the petitioner and Mr.Binod Kumar, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since 17.09.2025 in connection with Dinara P.S. Case No. 325 of 2025, F.I.R. dated 06.07.2025 registered for the offence punishable under Sections 191(2), 191(3), 190, 329(3), 324(3), 324(4), 115(2), 126(2), 109, 351(2) and 352 of BNS, 2023 and Section 27 of Arms Act.
3. The facts of this Case is that the informant filed his Written report dated 06.07.2025 before the Station House Officer Dinara (Rohtas) Stating therein that he purchased the land through mortgage deed for 3 Years from Raiyat Babua Singh and was planting Paddy Crops in the meantime petitioner
2/4 along with other named Co- accused entered into field and stared abusing and all five started firing from pistol and that if after that day informant came to field he would have to uprooted planted paddy Crops of the field and were threatening face dire consequences and requested to enquire into matter and to take legal action.
4. Learned counsel appearing for the petitioner submits that although the petitioner is named in the FIR but from a bare perusal of the FIR it appears that due to admitted land dispute the present occurrence had taken place and there is no specific allegation of any assault, overt-act or firing attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner. The police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 17.09.2025.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the FIR and apart from that, the petitioner carries three more cases other than the present one, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts and there is no
3/4 specific allegation of any assault, overt-act or firing attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Bikramganj, Rohtas at Sasaram in connection with Dinara P.S. Case No. 325 of 2025, with the following conditions:- (I) Petitioner 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers 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 petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the
4/4 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