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2025 DAILYLAW 70039 (PAT)

Vikash Paswan @ Vikas Kumar v. The State of Bihar

CR. MISC./62044/2025 · 2025-09-11

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62044 of 2025 Arising Out of PS. Case No.-334 Year-2024 Thana- CHAKAND District- Gaya ====================================================== 1. Vikash Paswan @ Vikas Kumar S/o Lal Bihari Paswan R/o vill - Rasalpur, P.s.- Chakand, Distt.- Gaya 2. Vivek Paswan @ Vivek Kumar S/o Lal Bihari Paswan R/o vill - Rasalpur, P.s.- Chakand, Distt.- Gaya 3. Vikram Paswan @ Vikram Kumar S/o Lal Bihari Paswan R/o vill - Rasalpur, P.s.- Chakand, Distt.- Gaya 4. Indu Devi W/o Lal Bihari Paswan R/o vill - Rasalpur, P.s.- Chakand, Distt.- Gaya 5. Lal Bihari Paswan S/o Bhola Paswan R/o vill - Rasalpur, P.s.- Chakand, Distt.- Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Praveen Kumar, Advocate Mr. Mithilesh Kumar Singh, Advocate Mr. Uday Pratap Singh, Advocate Mrs. Anju Kumari Sinha, Advocate Ms. Drishti Mohan, Advocate Mr. Ayush Shekhar, Advocate For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 11-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a case registered for the offence under Sections 127(1), 115(2), 118(1), 117(2), 303(2), 74 and 3(5) of B.N.S., 2023. 3. The prosecution-case, in brief, is that on 13.11.2024, at about 07:00 a.m., when the informant was at her Patna High Court CR. MISC. No.62044 of 2025(2) dt.11-09-2025 2/3 home, all the named accused persons came armed with lathi, danda, Iron khanti and rod in drunken condition, entered in the house of the informant, abused and assaulted her due to which her right hand was fractured. It is further alleged that when the daughter-in-law came to save her, she was also assaulted with fist, leg and lathi danda. When she became unconscious, they snatched Gold ear ring and Jitiya and they thrashed 10 year old grand son of the informant. 4. Learned counsel for the petitioners submits that F.I.R. has been lodged after a delay of 20 days and there is no explanation for the same. Allegation of assault is general and omnibus. No specific allegation of assault has been levelled against these petitioners. Rest of the allegations are ornamental in nature. Petitioner Nos. 2 to 5 claim clean antecedent, whereas petitioner No.1 has got two antecedents of Excise Act in which he is on bail. 5. Learned A.P.P. for the State has opposed the bail petition. 6. Considering the unexplained delay in lodging the F.I.R. and general and omnibus nature of assault, let the above named petitioners, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on Patna High Court CR. MISC. No.62044 of 2025(2) dt.11-09-2025 3/3 furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.,-5, Gaya, in connection with Chakand P.S. Case No. 334 of 2024, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. K.C.Jha/- (Prabhat Kumar Singh, J) U T