Mithun Paswan @ Mithun KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32406 of 2026
                       Arising Out of PS. Case No.-313 Year-2024 Thana- BODHGAYA District- Gaya
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                 Mithun Paswan @ Mithun Kumar S/o Late Raju Paswan R/o Village - Ganga
                 Bigha, P.S - Bodh Gaya, District - Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :       Mr. Madhura Nand Jha, APP
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                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

3   24-06-2026                    Heard the learned counsel for the petitioner and the

                   learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in connection

                   with Bodhgaya P.S. Case No.313 of 2014, registered under

                   Sections 341, 323, 504, 307, 354, 34 of I.P.C.

                                3. As per the prosecution story, which has been

                   lodged on the basis of written report submitted by the informant

                   to the effect that while the informant was roaming around on his

                   own land, all the named accused persons, including the

                   petitioner arrived and started abusing him. It has further been

                   alleged that the co-accused Bhola Paswan assaulted the

                   informant with an iron rod, due to which he sustained injuries

                   on his finger. When the son of the informant came for his

                   rescue, he was also assaulted. It has further been alleged when
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          the other son and daughter-in-law of the informant namely, Ajay

          Paswan and Anjana Kumari came to save him, the petitioner

          along with Shankar Paswan assaulted them with an iron rod.

                       4. The learned counsel for the petitioner submits that

          the petitioner is innocent and has not committed any offence. He

          submits that the entire allegations leveled in the anticipatory bail

          petition are general and omnibus in nature and the specific

          allegation of assault on the son of the informant namely, Ajay

          Paswan and the daugther-in-law namely, Anjana Kumari has

          been leveled against the petitioner and co-accused Shankar

          Paswan. The learned counsel for the petitioner further submits

          that both the parties are neighbors and there is a dispute in

          between them with regard to passage, for which the present case

          has been lodged. The learned counsel for the petitioner submits

          that one of the co-accused namely, Nandu Chaudhari has been

          granted the privilege of anticipatory bail by a Hon’ble Single

          Judge of this Court vide order dated 28.01.2025, passed in

          Criminal Miscellaneous No. 89914 of 2024. The learned

          counsel for the petitioner further submits that the petitioner has

          got a clean antecedent.

                       5. Per Contra, the learned APP for the State

          vehemently opposes the prayer for grant of bail to the petitioner
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          and submit that specific allegation of assault is there against the

          petitioner and one Shankar Paswan, therefore, the petitioner

          does not deserve the privilege of anticipatory bail.

                       6. Having considered the rival submissions and after

          going through the record, it appears that the petitioner, along

          with other accused persons is said to have assaulted the

          informant and his family members and when the son and

          daughter-in-law of the informant came to save him, it has been

          alleged that the petitioner and co-accused Shankar Paswan

          assaulted on their head, due to which they sustained injuries.

          Vide order dated 07.05.2026, case diary as well as the injury

          report was called for by a learned Co-ordinate Bench of this

          Court. From perusal of the injury report, which has been sent by

          the concerned Court and which is on record, it would transpire

          that the doctor who had examined the son of the informant

          namely, Ajay Paswan and the daughter-in-law namely, Anjana

          Kumari has found the injuries on the body of the inured persons

          to be simple in nature. Considering the above, let the petitioner,

          above named in the event of arrest/surrender within a period of

          six weeks from today, be released on anticipatory bail on

          furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of
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                         learned Chief Judicial Magistrate, Gaya in connection with

                         Bodhgaya P.S. Case No.313 of 2024, subject to the conditions

                         laid down under Section 438(2) of the Code of Criminal

                         Procedure /482(2) of the BNSS., and subject to the following

                         condition:-

                                      (I) That the learned court concerned shall verify the

                         criminal antecedent of the petitioner and in case at any stage, it

                         is found that the petitioner has concealed his criminal

                         antecedent, the court concerned shall take step for cancellation

                         of bail bond of the petitioner. However, the acceptance of bail

                         bonds in terms of the above-mentioned order shall not be

                         delayed for purpose of or in the name of verification.



                                                     (Ritesh Kumar, J)
shital/-

U          T