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2026 DAILYLAW 12164 (PAT)

Pawan Kumar v. The State of Bihar

CR. MISC./13396/2026 · 2026-03-12

Partha Sarthy

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13396 of 2026 Arising Out of PS. Case No.-205 Year-2025 Thana- JAHANABAD District- Jehanabad ====================================================== Pawan Kumar, S/o Shyamdev Paswan @ Samdev Paswan, R/o Village- Makhdumpur, PS- Jahanabad Town, District- Jehanabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kunwar Digvijay Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 2 12-03-2026 Heard learned counsel for the parties. 2. The petitioner has preferred this application for grant of regular bail in connection with Jehanabad P.S. Case no.205 of 2025, registered under sections 126(2), 115(2), 352, 110 and 117(2) of the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution case, the informant states that the two accused persons including the petitioner herein came and started asking him to play holi. On the informant’s refusal, they started to abuse and force him and in the process the accused are said to have assaulted the informant with a lathi on his head causing serious injuries. 4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case over a trivial dispute over playing of holi which would be evident from the contents of the F.I.R. itself. Referring to the copy of the injury Patna High Court CR. MISC. No.13396 of 2026(2) dt.12-03-2026 2/2 report at Annexure-3 to the petition as also which finds mention in the order of the learned trial Court it is submitted that though a corresponding injury has been on the head, however the injury has been opined to be grievous in nature due to fracture of the right elbow. The co-accused Vineshwar Paswan has been enlarged on anticipatory bail vide order dated 17.10.2025 (Annexure-1) passed in Cr. Misc. no.44299 of 2025. The petitioner is in custody since 9.12.2025 and has no criminal antecedent. 5. The application for bail is opposed by learned A.P.P. for the State. 6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the contents of the injury report, the petitioner having remained in custody since 9.12.2025 and not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Jehanabad P.S. Case no.205 of 2025, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad. avinash/- (Partha Sarthy, J) U T