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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57555 of 2026 Arising Out of PS. Case No.-61 Year-2026 Thana- BATH District- Bhagalpur ======================================================
1. Sunil Paswan Son of Late Guna Nand Paswan Resident of Village- Dhandhi Balari, P.S.- Bath, District- Bhagalpur. 2. Bishnu Paswan @ Vishnu Paswan Son of Late Guna Nand Paswan Resident of Village- Dhandhi Balari, P.S.- Bath, District- Bhagalpur. 3. Anil Paswan Son of Late Guna Nand Paswan Resident of Village- Dhandhi Balari, P.S.- Bath, District- Bhagalpur. 4. Chotu Paswan Son of Late Guna Nand Paswan Resident of Village- Dhandhi Balari, P.S.- Bath, District- Bhagalpur. 5. Sanjeev Paswan @ Sanjeev Kumar Paswan Son of Late Guna Nand Paswan Resident of Village- Dhandhi Balari, P.S.- Bath, District- Bhagalpur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 19-08-2026 Heard Mr. Rajive Ranjan Singh, learned counsel for the petitioners and the State. 2. The petitioners are apprehending their arrest in connection with Bath P.S. Case No. 61 of 2026 for the offence under sections 126(2), 115(2), 110, 352, 351(2) and 3(5) of the BNS lodged on 05.06.2026 by the informant, Jayram Paswan. 3. As per the prosecution story, the informant alleged that due to property dispute, the accused persons armed variously came and the allegation is that he was assaulted by
Patna High Court CR. MISC. No.57555 of 2026(2) dt.19-08-2026 2/5 Sunil Paswan on his head causing injury. When his son, Vikash came to rescue, Chotu Paswan gave lathi blow on the head. They repeatedly resort to the assault and on the earlier occasion also, the accused had injured them. The injured were shifted to the referral hospital in Sultanganj which followed the FIR. 4. Learned counsel for the petitioners submit that due to land dispute the exaggerated allegation has been made and the injury inflicted by Chotu to Vikash has been found to be simple in nature. Further, the submission is that without accepting the allegation and/or the outcome of the present petition in view of the fact that the informant’s side has alleged injuries, the petitioner nos. 2 to 5, jointly, on their own, would like to contribute Rs.
5,000/- towards the medical assistance through Demand Draft issued by the local State Bank of India/any Nationalized Bank branch to be submitted before the ‘NAZARAT’ of concerned Court to be handed over to the informant after checking the credentials. 5. Learned APP opposes the prayer submitting that so far as assault to the informant, Jayram Paswan by Sunil Paswan (petitioner no. 1) is concerned, the report shows that he was sent to the Radiology Center, Jawaharlal Nehru Medical College & Hospital for the NCCT (non-contrast CT scan) of brain, and
Patna High Court CR. MISC. No.57555 of 2026(2) dt.19-08-2026 3/5 thus, the allegation in the FIR matches with the injury that has been sustained by him. 6. Considering the submissions aforesaid and the role of the petitioner no. 1, Sunil Paswan, no relief can be extended to him. 7. In that background, the prayer for anticipatory bail with regard to petitioner no. 1, Sunil Paswan stands rejected. 8. So far as the petitioner nos. 2 to 5, namely, Bishnu Paswan, Anil Paswan, Chotu Paswan and Sanjeev Paswan are concerned, regarding allegation of Chotu Paswan, the injury on Vikash has been found to be simple in nature and regarding others omnibus allegation is/are there, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions subject to payment of Rs. 5,000/- as undertaken by the learned counsel for the petitioners to be paid by Demand Draft of local State Bank of India branch/any Nationalized bank branch to be submitted to the Trial Court. 9. Let the petitioner nos. 2 to 5, namely, Bishnu Paswan, Anil Paswan, Chotu Paswan and Sanjeev Paswan be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties
Patna High Court CR. MISC.
No.57555 of 2026(2) dt.19-08-2026 4/5 of like amount each to the satisfaction of learned JMFC, Bhagalpur in connection with Bath P.S. Case No. 61 of 2026 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner nos. 2 to 5, namely, Bishnu Paswan, Anil Paswan, Chotu Paswan and Sanjeev Paswan who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide; (ii) the petitioner nos. 2 to 5, namely, Bishnu Paswan, Anil Paswan, Chotu Paswan and Sanjeev Paswan shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself; (iii) the petitioner nos. 2 to 5, namely, Bishnu Paswan, Anil Paswan, Chotu Paswan and Sanjeev Paswan shall appear before the concerned police station every month for six months to mark their attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (iv) the petitioner nos. 2 to 5, namely, Bishnu Paswan, Anil Paswan, Chotu Paswan and Sanjeev Paswan shall in no way try to induce or promise or threat the witnesses or tamper
Patna High Court CR. MISC. No.57555 of 2026(2) dt.19-08-2026 5/5 with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) the petitioner nos. 2 to 5, namely, Bishnu Paswan, Anil Paswan, Chotu Paswan and Sanjeev Paswan shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. Adnan/- (Rajiv Roy, J) U T