Jhabbulal Paswan (Teacher) @ Jhabbulal Paswan v. The State of Bihar
CR. MISC./16818/2026 · 2026-06-24
Harish Kumar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19700 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19700 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16818 of 2026 Arising Out of PS. Case No.-33 Year-2024 Thana- KALYANPUR District- East Champaran ======================================================
1. Jhabbulal Paswan (Teacher) @ Jhabbulal Paswan S/o- Late Teka Paswan Resident of Siswa Kharar P.S- Kalyanpur, Dist- East Champaran
2. Anshu Paswan S/o- Jhabbulal Paswan Resident of Siswa Kharar P.S- Kalyanpur, Dist- East Champaran
3. Savita Devi @ Sabita Devi w/o- Late Chhotelal Paswan Resident of Siswa Kharar P.S- Kalyanpur, Dist- East Champaran
4. Guddu Paswan @ Ankur Paswan S/o- Late Chhotelal Paswan Resident of Siswa Kharar P.S- Kalyanpur, Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kundan Rathore@ Kundan Kumar, Adv. For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 4 24-06-2026 Heard the learned Advocate for the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Kalyanpur P.S. Case No. 33 of 2024, registered for the offences punishable under Sections 341, 323, 324, 307, 379, 120(B), 504, 506 & 34 of the Indian Penal Code. 3. The allegation against the petitioners is of causing assault upon the informant with lathi, danda, fist and slap, besides snatching of valuables, when the informant went to the house of the petitioners for demanding his outstanding dues. Patna High Court CR. MISC. No.16818 of 2026(4) dt.24-06-2026 2/3
4. Learned Advocate for the petitioners submitted that in fact on account of a previous money dispute, the parties have entered into a free fight, which resulted into some unfortunate injuries. Prior to the institution of the present case, earlier co- accused Chandravati Devi has also lodged Kalyanpur P.S. Case No. 309 of 2023 against the informant and others and the present case is nothing but has been instituted to save their own skin. So far the allegation of assault is concerned, the same is general and omnibus, except with respect to petitioner no. 1. Moreover, the injury report clearly suggest that the injuries are simple in nature. The petitioner no. 1 bears one criminal antecedent, whereas the petitioner no. 2 is carrying two criminal antecedent. So far the petitioner nos. 3 and 4 are concerned, they have absolutely fair antecedent. 5.
On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that because of the participation of the petitioners and assault having been made upon the informant, he sustained serious injuries. 6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the genesis of the occurrence, coupled with the long standing enmity between the parties, besides the simple nature of
Patna High Court CR. MISC. No.16818 of 2026(4) dt.24-06-2026 3/3 injuries, let the petitioners above named 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.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari / Concern Court, Motihari, East Champaran in connection with Kalyanpur P.S. Case No. 33 of 2024, 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. shivank/- (Harish Kumar, J) U T