IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42585 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1. Suresh Paswan Son of Bhola Paswan Resident of village- Girihinda , F.C.I. Godam , P.S. -sheikhpura, District -Sheikhpura 2. Chhotu Kumar @ Chhotelal Kumar son of Suresh Paswan Resident of village- Girihinda , F.C.I. Godam , P.S. -sheikhpura, District -Sheikhpura 3. Santosh Paswan @ Santosh Kumar Son of Suresh Paswan Resident of village- Girihinda , F.C.I. Godam , P.S. -sheikhpura, District -Sheikhpura ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sheo Nandan Prasad & Ms.Sweta Burnwal, Advocates For the Opposite Party/s : Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 16-07-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. Petitioners are apprehending arrest in connection with Shiekhpura P.S. Case No. 36 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 109, 117(2), 352, 351(2) of the B.N.S. 3. As per prosecution case, the dispute arose between children while playing and petitioners and others started concertedly abusing the informant side. Petitioner no. 1- Suresh Paswan exhorted for assaulting the informant’s side. Petitioners and others are alleged to have assaulted the Patna High Court CR. MISC. No.42585 of 2025(2) dt.16-07-2025 2/3 informant’s side. It is further alleged that Rohan Paswan assaulted on the head of the son of the informant by means of lathi, as a result of which he sustained injury. It is further alleged that when informant and daughter-in-law of the informant went to rescue him, they were also assaulted as a result of which informant sustained injury on his head and daguther-in-law’s right hand got fractured. 4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the first information report. There is no specific allegation of assault against the petitioners and the allegations levelled are general and omnibus in nature. The specific allegation of assault is against co-accused Rohan Paswan. It is orally submitted that four persons sustained injuries and the injuries sustained by three persons are simple in nature as mentioned in the impugned order itself. It is orally submitted that informant’s daughter Kanti Devi sustained fracture injury on her hand which is not on the vital part of the body. There is case and counter case between the parties for the same date of occurrence and free fighting cannot be ignored. Petitioners have no criminal antecedent. In the light of the aforesaid facts and circumstances of the case, no case is made out against the Patna High Court CR. MISC. No.42585 of 2025(2) dt.16-07-2025 3/3 petitioners as alleged in the F.I.R. 5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioners. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners, above named, in the event of arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 36 of 2025, subject to the conditions as laid down under section 482(2) of the Code of Criminal Procedure. 7. The application stands allowed. mcverma/- (Alok Kumar Pandey, J) U T