IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.91783 of 2025 Arising Out of PS. Case No.-262 Year-2025 Thana- ASHTHAWAN District- Nalanda ====================================================== Rahul Paswan S/O Shofindra Paswan @ Shafendra Paswan R/O Village- Ugawan, P.S- Asthawan, Distt.- Nalanda. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar Singh, Adv. For the Opposite Party/s : Mr.Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 3 25-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. In the present case, the petitioner seeks bail in connection with Asthawan P.S. Case No. 262 of 2025, registered for the offences under Sections 126(2), 115(1), 118(1), 109, 3(5) of the BNS. 3. As per the prosecution case, the son of the informant was assaulted by the petitioner and coaccused Nitish Kumar and they left him at the doors of the informant in very bad condition. The son of the informant was taken for treatment to higher centre but he succumbed to his injuries. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. The occurrence is stated to have taken place on 14.07.2025 but the FIR has been lodged on 30.07.2025 and the son of the informant died on 28.08.2025. The cause of death in the post mortem report is septicemia and Patna High Court CR. MISC. No.91783 of 2025(3) dt.25-02-2026 2/3 toxemia. Some infected bed sore of size 12cmx10cm wound was found on lower back. During investigation it has also come on record that the son of the informant had not been keeping good health for quite long time. Due to enmity, the petitioner and coaccused have been falsely implicated in this case. The allegation made in the FIR is not believable that the petitioner and coaccused tried to snatch Rs.10,000/- from the son of the informant. If the son of the informant was assaulted by the petitioner and coaccused, no corresponding injuries have been found though some healed abrasions were found over the pubic region and scrotum and left thigh apart from left ankle. It goes on to show that these injuries could not have resulted in death of the son of the informant. Petitioner has got antecedent of two cases and he is on bail in both the cases. The petitioner is in custody since 04.08.2025 and charge sheet has been submitted. 5. Learned APP appearing for the State opposes the submission on behalf of the petitioner and submits that due to assault by the petitioner and coaccused, the son of the informant suffered injuries which proved fatal and he succumbed to his injuries during treatment. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the Patna High Court CR. MISC. No.91783 of 2025(3) dt.25-02-2026 3/3 post mortem report and the nature of allegations against the petitioner and also considering submission of charge sheet and period of custody, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned JMFC, Nalanda at Bihar Sharif/concerned court, in connection with Asthawan P.S. Case No. 262 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Anuradha/- (Arun Kumar Jha, J) U T