Rajesh PaswanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35633 of 2026
                      Arising Out of PS. Case No.-871 Year-2025 Thana- AMARPUR District- Banka
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           1.     Rajesh Paswan Son of Buddhi Paswan Resident of Village-
                  Bishambharchak, P.S.- Amarpur, District- Banka
           2.    Neeraj Paswan @ Neeraj Kumar Paswan @ Niraj Kumar Son of Buddhi
                 Paswan Resident of Village- Bishambharchak, P.S.- Amarpur, District-
                 Banka
           3.    Shekhar Paswan @ Chandra Shekhar Paswan Son of Buddhi Paswan
                 Resident of Village- Bishambharchak, P.S.- Amarpur, District- Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajay Mukherjee, Adv.
                 For the Opposite Party/s :      Mr.Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   01-06-2026                  Heard Mr. Ajay Mukherjee, learned Advocate for the

                   petitioners and learned Additional Public Prosecutor for the

                   State through virtual mode.

                                2. The petitioners are apprehending their arrest in

                   connection with Amarpur P.S. Case No. 871 of 2025, registered

                   for the offences punishable under Sections                  126(2), 115(2),

                   109(1), 74, 352, 351(2), 3(5) of the BNS.

                                3. On the alleged date and time of occurrence while

                   the daughter of the informant went to bring water, in the

                   meanwhile, petitioner nos. 1 and 2 are said to have ravished

                   her daughter. On hulla being raised, when the informant and
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          others came there, the petitioner no. 3 along with other accused

          persons armed with iron rod and lathi and danda assaulted them

          due to which five persons have sustained injuries.

                       4. Learned Advocate for the petitioners taking this

          Court through the materials available on record submitted that

          in fact the parties are own gotiyas and on account of previous

          dispute on the alleged date of occurrence, they entered into a

          free-fight resulting into injuries to the persons of both sides. It is

          submitted that four persons from the petitioners side also

          sustained injuries which led to institution of Amarpur P.S. Case

          No. 871 of 2025 against the informant and others, which is

          earlier on the point of time. It is further contended that so far the

          injuries sustained to the informant and others are concerned, all

          the injuries have been found to be simple in nature. To support

          the aforesaid contention, the injury reports of the injureds have

          been placed on record as Annexure-2 series to the bail

          application. The petitioner nos. 2 and 3 bear fair antecedent

          whereas petitioner no. 1 is facing accusation in connection with

          Amarpur P.S. Case No. 46 of 2021 instituted under Sections

          379/411 of the Indian Penal Code and some penal provisions of

          the Mines And Minerals (Development & Regulation) Act, 1957

          and Bihar Mining (Concession, Prevention of Illegal Mining,
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          Transportation & Storage) Rules, 2019. It is further contended

          that the petitioners undertake that they would not indulge in

          such activity in future and will fully cooperate in the

          proceeding of the court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that

          because of assault being made by the petitioners, five persons

          have sustained serious injuries, besides allegation of molestation

          against petitioner nos. 1 and 2.

                       6. Regard being had to the submissions made on

          behalf of the parties and considering the factum of case and

          counter case, coupled with the injuries to persons of both the

          sides and previous dispute between the parties, as also the fair

          antecedent of petitioner nos. 2 and 3 and the petitioner no. 1 is

          facing criminal antecedent but in connection with illegal mining

          of sand etc., besides the fact that the injuries which are allegedly

          sustained to the injureds are simple in nature, let the petitioners

          abovenamed 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
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                     learned Chief Judicial Magistrate, Banka/court concerned,

                     Banka in connection with Amarpur P.S. Case No. 871 of 2025,

                     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.



                                                 (Harish Kumar, J)
Anjani/-

U      T