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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12392 of 2026 Arising Out of PS. Case No.-468 Year-2025 Thana- PIRPAINTI District- Bhagalpur ======================================================
1. Manish Kumar Paswan S/o- Amik Paswan Resident of Village- Olapur PS- Pirpainti, Dist- Bhagalpur
2. Chandani Devi @ Anjana Devi W/o- Amik Paswan Resident of Village- Olapur PS- Pirpainti, Dist- Bhagalpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar No.6, Advocate For the Opposite Party/s : Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 3 25-02-2026 Heard the learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Pirpainti P.S. Case No.468 of 2025, F.I.R dated 18.10.2025 registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. According to prosecution case, on 18.10.2025 at about 6:00 A.M., the petitioner and other accused were allegedly dumping dust (“Gardi”) on the road forcibly. When the informant, Mahesh Paswan, objected, they assaulted him with
Patna High Court CR. MISC. No.12392 of 2026(3) dt.25-02-2026 2/4 lathi-danda, causing head injuries. His son, who intervened, was also assaulted and sustained head injuries. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It has next been submitted that there is no specific allegations levelled in the F.I.R. rather the allegations are general and omnibus and there is case and counter case and both the parties have sustained injuries and the injuries sustained by the family members of the petitioners, is annexed as Annexure- P5 series while the injuries sustained by the informant are simple in nature, which is annexed as Annexure-P2. Lastly, it has been submitted that the petitioner No.1 has clean antecedent while petitioner No.2 has one criminal antecedent but is on bail in the said case. 5. Learned APP for the State opposes the prayer for anticipatory bail application. 6. Considering the aforesaid facts and circumstances that there is case and counter case and both the parties have sustained injuries and the petitioner No.1 has clean antecedent while petitioner No.2 has one criminal antecedent but is on bail in the said case.
Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioners. Patna High Court CR. MISC. No.12392 of 2026(3) dt.25-02-2026 3/4
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur, in connection with Pirpainti P.S. Case No.468 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide; (ii) the petitioner(s) 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 his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any
Patna High Court CR. MISC. No.12392 of 2026(3) dt.25-02-2026 4/4 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. sharun/- (Ajit Kumar, J) U T