Patna High Court
Madan PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Madan Paswan was arrested in connection with an assault on Golu Kumar, alleged to have been carried out with an iron rod and danda, resulting in a grievous head injury. He was charged under sections 126(2), 115(2), 109(1), 303(2), 308(3) and 3(5) of the B.N.S. and had been in judicial custody since 29‑10‑2025. The petitioner pleaded innocence, argued that the FIR was vague and that he had no prior criminal record, and sought regular bail. The State opposed the bail on the seriousness of the offences. After hearing both sides, the court found no compelling reason to keep the petitioner detained and ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the B.N.S.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 126(2), 303(2), 308(3), 3(5)
Subjects
- bail
- regular bail
- assault
- grievous hurt
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5842 of 2026
Arising Out of PS. Case No.-116 Year-2025 Thana- MANJHAUL District- Begusarai
======================================================
Madan Paswan son of Ramavtar Paswan Resident of Village- Siuri Ward no.
6, Ps- Manjhaul, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Randhir Kumar No 1, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126(2),
115(2), 109(1), 303(2), 308(3) and 3(5) of B.N.S.
3. The case of the prosecution is that the petitioner
along with others have assaulted Golu Kumar with iron rod and
danda on his head due to which, he received serious head injury
and fell down on earth.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
FIR, it is clear that the nature of allegation is general and
omnibus. It has also been submitted that the informant and
Patna High Court CR. MISC. No.5842 of 2026(2) dt.10-02-2026
2/2
petitioner are agnates. There is also a counter version of this
case. Though from the injury report, it is clear that the injured
has received one lacerated wound on forehead which is opined
to be grievous. Moreover, the petitioner is languishing in
judicial custody since 29.10.2025 and having no criminal
antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Manjhaul P.S. Case No. 116 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M., Manjhaul,
Begusarai.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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