Kishori PaswanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73727 of 2025
                   Arising Out of PS. Case No.-186 Year-2023 Thana- CHAKIA District- East Champaran
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           1.     Kishori Paswan S/O Jiyalal Paswan R/O Village- Bhuwanchhapra, Ward
                  No.-16, P.S- Chakiya, Distt.- East Champaran.
           2.    Sharwan Kumar S/O Krishna Paswan R/O Village- Bhuwanchhapra, Ward
                 No.-16, P.S- Chakiya, Distt.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar, Advocate.
                 For the Opposite Party/s :       Mr.Ganesh Prasad Singh, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   26-02-2026                      Heard learned counsel appearing on behalf of the

                   petitioners and learned APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Chakia P.S. Case No. 186 of 2023 registered for the

                   offence punishable under Sections 447, 307, 341, 323, 354, 379,

                   504, 506 and 34 of the Indian Penal Code.

                                3. As per the allegation made in the F.I.R., all the

                   accused persons including the petitioners with an intention to

                   kill assaulted the informant and other family members and the

                   persons assembled at the place of occurrence.

                                4. Learned counsel appearing on behalf of the

                   petitioners submitted that the petitioners are innocent. The
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          petitioners have falsely been implicated in the case due to

          dispute relating to access to passage which was obstructed by

          the informant leading to fierce fight, in which both the sides

          sustained injury. There is case and counter case between the

          parties due to land dispute. In support of the same, information

          has been given in Para-6 of the bail application. Learned

          counsel further submitted that the petitioners being innocent

          deserves to be released on pre-arrest bail.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail to the petitioners. He has

          referred to the material which has surfaced in the case diary, as

          well as, in the injury report from which it appears that the

          informant sustained seven injuries on different parts of the body

          which shows that repeated assault was made by the petitioners,

          as such, the petitioners don’t deserve to be released on pre-arrest

          bail.

                       6. Heard the parties.

                       7. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the F.I.R., petitioner has given specific information in Para-6 of

          the bail application that in respect of the said incidence, he has

          also filed counter case being Chakia P.S. Case No. 195 of 2023,
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          subsequent to filing of the present F.I.R., the dispute relates to

          passage, specific allegation against the petitioner no.1 is that he

          has assaulted the informant and other persons assembled there

          repeatedly causing several injuries on different parts of the body

          of the informant, I am not inclined to enlarge the petitioner no.1

          on pre-arrest bail.

                       8. So far as petitioner no.2 is concerned, he is a

          student and has just emerged as an adult and the injuries

          attributable to the petitioner no.2, which have been found on the

          person of the victim are simple in nature, the petitioner no.2 is

          directed to be released on pre-arrest bail, in the event of his

          arrest or surrender before the Court below within a period of

          four weeks from today, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of the like amount each to the

          satisfaction of learned Chief Judicial Magistrate,              East

          Champaran, Motihari in connection with Chakia P.S. Case No.

          186 of 2023, subject to the condition as laid down under Section

          438(2) Cr.P.C / 482(2) BNSS.

                       9. The District Court is directed to verify the criminal

          antecedent of the petitioner no.2 and if it is found that the

          petitioner no.2 is involved in some other cases as what has been

          stated in Para-3 of the bail petition, this order will automatically
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                     lose its force.

                                  10. The bail application stands disposed of.



                                                              (Purnendu Singh, J)
mantreshwar/-

U      T