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Patna High Court

Madan Paswan @ Ramawatar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and conditions.

Summary

Madan Paswan was arrested in connection with an assault case (Sherghati P.S. Case No. 523 of 2024) where he was alleged to have attacked an informant’s brother with a sharp‑edged weapon, causing grievous injuries. The petitioner claimed innocence, asserting that the charges were fabricated due to an ongoing land dispute with the informant’s family. He had been in custody since 22 September 2025 and possessed four prior criminal records, while a co‑accused had previously been granted bail. The State opposed bail, but the court, considering the land dispute, the length of custody, and the lack of incriminating material in the petitioner’s possession, decided to grant bail. Bail was ordered on the condition of a Rs.15,000 bond, two sureties, and compliance with appearance requirements.

Issues considered

  • Whether bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita for the offences alleged.
  • Whether the land dispute and period of custody justify bail despite the petitioner’s prior criminal antecedents.

Legislation cited

Subjects

  • bail
  • assault
  • land dispute
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • sharp‑edged weapon
  • grievous injury

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7893 of 2026
                       Arising Out of PS. Case No.-523 Year-2024 Thana- SHERGHATI District- Gaya
                 ======================================================
                 Madan Paswan @ Ramawatar Paswan Son of Late Bhola Paswan R/o Village
                 - Fitkichak, P.S. - Sherghati, Dist - Gayaji.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sudhir Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   02-02-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Sherghati P.S. Case No. 523 of 2024, instituted for the offences

                   punishable under Sections 126(2), 127(2), 115(2), 118(1),

                   118(2), 109, 74, 191(2) and 190 of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. The prosecution case, in short, is that the accused

                   persons including the petitioner assaulted the informant and her

                   family members by means of sharp-edged weapon like Pasuli

                   and Gadasa. The allegation against the petitioner is of

                   assaulting informant’s brother in the stomach by means of

                   Pasuli due to which her brother sustained grievous injuries.
Patna High Court CR. MISC. No.7893 of 2026(2) dt.02-02-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. No incriminating material has been recovered from

          the conscious possession of the petitioner. Learned counsel for

          the petitioner also submitted that the petitioner has been

          implicated in this case due to admitted land dispute between the

          parties. It is next submitted that both the parties are co-villagers.

          The allegation levelled against the petitioner is false and

          fabricated. The petitioner is in custody since 22.09.2025 and has

          got four criminal antecedents. Learned counsel for the petitioner

          further submitted that other co-accused has been granted regular

          bail by this Court vide order dated 06.08.2025 passed in Cr.

          Misc. No. 28191 of 2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, admitted land dispute between the parties and taking

          into account the period of custody undergone by the petitioner,

          this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
             Patna High Court CR. MISC. No.7893 of 2026(2) dt.02-02-2026
                                                         3/3




                       like amount each to the satisfaction of Court below/concerned

                       Court in connection with Sherghati P.S. Case No. 523 of 2024,

                       subject to the following conditions:

                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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