IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9402 of 2025 Arising Out of PS. Case No.-145 Year-2020 Thana- SALAKHUA District- Saharsa ====================================================== 1. Biren Paswan @ Viren Paswan, Male, aged about 42 years, S/o- Palo Paswan, 2. Gajen Paswan, Male, aged about 39 years, S/o- Palo Paswan, 3. Sajan Paswan @ Sajen Paswan, Male, aged aout 35 years, S/o- Palo Paswan, All resident of Village- Sugma, OP Banma Itahari, PS- Salkhua, New PS- Banma Itahari, Dist- Saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amarnath Jha, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 06-03-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners apprehend arrest in connection with Salkhua (Banma Itahari OP) PS Case No. 145 of 2020 dated 23.06.2020, instituted under Sections 341, 323, 324, 308, 379,504, 506/34 of the Indian Penal Code. 3. The allegation against the petitioner no.1 is that he caught the collar of the informant and threatened him to pay the money otherwise he would kill him. On the instigation of petitioner no.1, petitioner no.3 is alleged to have assaulted the informant with iron rod on his leg due to which he fell down Patna High Court CR. MISC. No.9402 of 2025(2) dt.06-03-2025 2/3 and thereafter petitioner no.2 is said to have assaulted him with lathi. 4. Learned counsel for the petitioners submits that there is no allegation of assault against the petitioner no.1. He is only order giver. So far petitioner no.3 is concerned, he is alleged to have assaulted on the leg of the informant with iron rod, but the nature of injury sustained by the informant is simple. Further submission is that petitioner no.2 is said to assaulted the informant with lathi, but there is no specific allegation as to on which part of the body the petitioner no.2 has assaulted. Further submission is that both the sides are co- villagers. It is also submitted that the occurrence took place on 21.06.2024, but the FIR has been lodged on 23.06.2024 and there is no explanation for the delay. Lastly, it is submitted that the petitioners have no criminal antecedent. 5. Learned APP has opposed the prayer for bail. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Patna High Court CR. MISC. No.9402 of 2025(2) dt.06-03-2025 3/3 learned Judicial Magistrate, 1st Class, Saharsa, in Salkhua (Banma Itahari OP) PS Case No. 145 of 2020, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 7. The application stands allowed. J. Alam/- (Khatim Reza, J) U T