Patna High Court
Kamindar PaswanversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court refused bail to the petitioner, finding the allegations against him specific and serious.
Summary
Kamindar Paswan was arrested on 3 June 2025 in connection with a case involving alleged stabbing of two individuals with knives, resulting in multiple injuries. The prosecution alleged that Paswan, along with co‑accused, attacked the victims and stole a mobile phone, and presented post‑mortem evidence of stab wounds. Paswan’s counsel argued that he has a clean antecedent, was falsely implicated, and that the FIR contains only vague, omnibus allegations against him. The State’s Additional Public Prosecutor countered that the FIR specifically implicates Paswan and that the medical evidence confirms his participation in the assault. After considering the facts, the court found the allegations credible and declined to grant bail, refusing the petitioner's application.
Issues considered
- Whether bail should be granted to the petitioner in light of the serious nature of the offences alleged under Sections 109(1), 118(2), 127(2), 303(2) and 3(5) of the BNS.
Legislation cited
- BNS — s. 109(1), 118(2), 127(2), 303(2), 3(5)
Subjects
- bail
- criminal procedure
- stabbing
- knife assault
- post‑mortem evidence
- charge sheet
- Bihar
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6273 of 2026
Arising Out of PS. Case No.-173 Year-2025 Thana- ASHTHAWAN District- Nalanda
======================================================
Kamindar Paswan S/o Sheonandan Paswan @ Shivnandan Paswan R/o
Village - Chulihari, Post - Noawan, P.S.- Asthawan, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 28-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
03.06.2025 in connection with Asthawan P.S. Case No. 173 of
2025 for the offences punishable under Sections 109(1), 118(2),
127(2), 303(2) and 3(5) of BNS.
3. The case of the prosecution, in brief, is that
informant, Chandan Kumar alleged that he and Pritam Kumar,
the son of his uncle's brother-in-law were going to Lakhanu
Bigha in a tempo to meet a friend. The Petitioner, Chirag
Paswan and Raviraj Paswan stopped the tempo near the
Lakhanu Bigha turn, stabbed them with knives with the
intention of killing and injuring them. When people nearby
came, they snatched Pritam Kumar's Motorola mobile and fled.
Patna High Court CR. MISC. No.6273 of 2026(5) dt.28-04-2026
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They were then brought to Biharsharif for treatment.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and he has
falsely been implicated in the present case. Learned counsel for
the petitioner submits that police after investigation has
submitted charge-sheet under Sections 109(1), 118(2), 103(1)
303(2) and 3(5) of BNS. Learned counsel for the petitioner
further submits that although the petitioner is named in the FIR
but from bare perusal of the allegation as alleged in the FIR it
appears that there is no direct and specific allegation against the
petitioner rather the allegations are general and omnibus in
nature.
5. The learned Additional Public Prosecutor for the
State on the basis of materials available on record and the case
dairy has vehemently opposed the prayer for bail of the
petitioner and submits that from bare perusal of the allegation as
alleged in the FIR it appears that there is direct and specific
allegation against the petitioner that he has assaulted the
deceased by means of knife along with other co-accused
persons. It is next submitted that from bare perusal of the
postmortem report of the deceased it appears that four stab
injuries were found on the person of the deceased which
Patna High Court CR. MISC. No.6273 of 2026(5) dt.28-04-2026
3/3
suggests that all the accused persons have assaulted to the
deceased by means of knife and apart from that informant has
also sustained injury.
6. Considering the facts and circumstances of the case
supported by the medical evidence, I am not inclined to enlarge
the petitioner on bail in connection with Asthawan P.S. Case No.
173 of 2025 pending in the court of learned Judicial Magistrate,
First Class, Nalanda at Biharsharif.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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