Patna High Court
Madan Paswan @ Ramawatar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 118(2), 126(2), 127(2), 190, 191(2), 74
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
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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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