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2026 DAILYLAW 16782 (PAT)

Vishal Paswan @ Vishal @ Vishal Kumar v. The State of Bihar

CR. MISC./29195/2026 · 2026-05-06

Khatim Reza

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29195 of 2026 Arising Out of PS. Case No.-208 Year-2025 Thana- VISHNUPAD District- Gaya ====================================================== Vishal Paswan @ Vishal @ Vishal Kumar, S/O Brahamanand Paswan, R/O Village- Ramsagar Talab, Douna Pur, Gaya, P.S- Vishnupad, P.S.- Chand Chaura, Gaya, Bihar-823001. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajit Kumar Ojha, Advocate Mr. Pratyaksha, Advocate Mr. Mritunjay Kumar, Advocate For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 06-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends arrest in connection with Vishnupad P.S. Case No. 208 of 2025 dated 08.07.2025 instituted for the offence punishable under Sections 191(2), 190, 126(2), 115(2), 118(1), 117(2), 118(2), 329(3), 76, 308(2), 303(2), 109 of Bhartiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that the petitioner along with other accused persons formed an unlawful assembly and in prosecution of the common object, they kidnapped the uncle of the informant and tried to kill him by strangulating for extortion of two lakh rupees and they also mercilessly beat the Patna High Court CR. MISC. No.29195 of 2026(2) dt.06-05-2026 2/4 informant, his son, his uncle and cousin due to which they sustained head and bodily injuries and have also got fractured. Allegation against the petitioner is that he along with co- accused Gulshan & Bouna assaulted the informant & his son with lathi & iron rod, due to which they sustained injuries. It is also alleged that accused persons snatched Rs. 40,000/-, 90,000/-, mobile phone and gold chain. 4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is case and counter case between the parties. Specific allegation is against co-accused Bouna that he assaulted with Khanti on the head of the father of the informant; and Gulshan that he assaulted with lathi on the head of the son of the informant. Learned counsel for the petitioner submits that there is no specific allegation against the petitioner, rather, the allegation against the petitioner is general and omnibus. The injuries mentioned in the impugned order are not attributable to the petitioner. Lastly, it has been submitted that petitioner has two criminal cases against him. 5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner. 6. Having considered the facts and circumstances of Patna High Court CR. MISC. No.29195 of 2026(2) dt.06-05-2026 3/4 the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Vishnupad P.S. Case No. 208 of 2025, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VI, Gaya Jee subject to condition as laid down under Section 482(2) of the B.N.S.S. as well as the following conditions:- 1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. 2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife. 3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of Patna High Court CR. MISC. No.29195 of 2026(2) dt.06-05-2026 4/4 misuse. 4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. premchand/- (Khatim Reza, J) U T