IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54232 of 2025 Arising Out of PS. Case No.-95 Year-2022 Thana- KARAHGAR District- Rohtas ====================================================== 1. Ravi Kumar S/o Rajesh Paswan R/o Village - Kauwakoch, P.S - Kargahar, District - Rohtas 2. Pawan Kumar @ Pavan Kumar S/o Murali Paswan @ Murli Prasad @ Murari Paswan R/o Village - Kauwakoch, P.S - Kargahar, District - Rohtas 3. Durga Kumar S/o Bikarama Paswan R/o Village - Kauwakoch, P.S - Kargahar, District - Rohtas ... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Krishna Prasad Singh, Senior Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 3 12-11-2025 Heard Mr. Krishna Prasad Singh, learned Senior Advocate for the petitioners and Mr. Ashok Kumar Singh, learned Additional Public Prosecutor for the State. 2. The petitioners apprehend their arrest in connection with Kargahar P.S. Case No. 95 of 2022, registered for the offences punishable under Sections 147, 149, 341, 323, 324, 504, 506 of the Indian Penal Code (‘IPC’ for short) and later on Section 307 of the IPC was added. 3. Allegedly, in the evening of the fateful day, while a Yagya was going on, in the meanwhile, all the FIR named accused persons along with other unknown persons armed with lathi, danda and katta came there in an inebriated condition and Patna High Court CR. MISC. No.54232 of 2025(3) dt.12-11-2025 2/3 created a ruckus. It is specifically alleged that the petitioners along with others have assaulted the informant and his family members. While the father of the informant was standing nearby the place of yagya, co-accused Munna Paswan and Ravi Paswan ran over him and it is further alleged that co-accused Munna Paswan gave an iron rod blow over his head due to which he sustained serious injury. 4. Learned Senior Advocate for the petitioners referring to the prosecution case contended that, in fact, initially the FIR was instituted against bailable offences and thus all the accused persons and the petitioners have been allowed the privilege of regular bail, however, during the course of investigation, one of the injuries sustained over the head of the informant’s father has been found to be grievous in nature, consequently, the learned court has taken cognizance for the offences including the offence punishable under Section 307 of the IPC and as such the apprehension of the petitioners for getting their arrest have arisen. Hence, the present application. It is further contended that be that as it may the specific allegation of causing assault over the head is levelled against co- accused Munna Paswan, who is not before this Court. The petitioners are men of fair antecedents and they were earlier Patna High Court CR. MISC. No.54232 of 2025(3) dt.12-11-2025 3/3 extended the privilege of regular bail by the court below itself. 5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioners have actively participated in the crime. 6. Regard being had to the submissions made on behalf of the parties and considering the materials available on record and the fact that the grievous injury has not been attributed to the petitioners coupled with their fair antecedents, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Kargahar P.S. Case No. 95 of 2022, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioners. Pawan/- (Harish Kumar, J) U T