IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85469 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- BACHHWARA District- Begusarai ====================================================== 1. Gaurav Kumar Paswan @ Gaurav Kumar S/O Shankar Paswan R/O Village- Narepur Diyara, P.S- Bachhawara, Distt.- Begusarai. 2. Shiv Ji Kumar Paswan @ Shivji Kumar S/o- Shankar Paswan R/O Village- Narepur Diyara, P.S- Bachhawara, Distt.- Begusarai. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Harendra Prasad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 06-01-2026 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Bachhawara P.S. Case No. 32 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 352, 117(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. In course of pacifying the children who were quarreling, it is alleged that petitioners alongwith others started abusing the informant and when the son of the informant came to her rescue, the petitioner no. 1 assaulted him by means of iron Patna High Court CR. MISC. No.85469 of 2025(2) dt.06-01-2026 2/4 rod over his head. Besides it is alleged that co-accused Suraj Paswan assaulted the informant by means of khanti, due to which the informant got a fracture injury in his hand. There is further allegation against petitioner no. 2 alongwith other co- accused persons of causing assault by means of lathi and danda. 4. Learned Advocate appearing on behalf of the petitioners referring to the FIR contended that the alleged occurrence took place on 29.01.2025 and the present FIR came to be instituted on 03.02.2025 without there being any explanation for delay in institution of the FIR. So far the injury which is allegedly sustained to the informant’s son is concerned, the same stands falsified for the reason that during the course of investigation when the statement of the informant’s son was recorded, he does not whisper about any assault being made to him. The impugned order also does not talk about any alleged injury sustained to the informant’s son and this fact also fortified the afore-noted submission. So far the injury which is received by the informant and found to be grievous in nature is attributed to co-accused Suraj Paswan, who is not before this Court. The petitioners are men of fair antecedent and they undertake before this Court that they will fully cooperate in the proceeding of the Court. Patna High Court CR. MISC. No.85469 of 2025(2) dt.06-01-2026 3/4 5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that the petitioners have brutally assaulted the informant and her son. 6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the absence of any injury report of the informant’s son or any discussion of the same in the impugned order, besides the delay in lodging of the FIR as well as the fair antecedent of the petitioners, 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) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bachhawara P.S. Case No. 32 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with further following conditions:- (i) One of the bailors shall be the own/close family members of the petitioners. (ii) If the petitioners are found indulged in intimidating or threatening the informant and the witnesses, they Patna High Court CR. MISC. No.85469 of 2025(2) dt.06-01-2026 4/4 shall be at liberty to file cancellation of their bail bonds. supratim/- (Harish Kumar, J) U T