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Patna High Court

Shivdut Paswan @ Sivdatt Paswan @ Shivdutt PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner, finding insufficient specific evidence to justify continued detention.

Summary

Shivdut Paswan was arrested in connection with a violent incident in Pipra, Supaul, where the FIR alleges that he, along with 14 others, assaulted an informant and two rescuers using weapons such as a farsa, sword and iron rod. The petitioner contended that the allegations against him were vague, that no specific weapon was attributed to him, and that the injury reports did not show any grievous harm, suggesting inconsistencies in the prosecution's case. He also argued that the motive was retaliatory, stemming from a false SC/ST Act case he had previously filed against the informant. The State opposed his request for regular bail, citing the seriousness of the offences listed under sections 191(2), 126(2), 115(2), 118(1), 109, 117(2), 352 and 351(2) of the Bihar Non‑Compulsory Statutes. Considering the lack of specific evidence, the absence of grievous injury, and the petitioner's prolonged custody since 14‑09‑2025, the Court granted regular bail on a 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 Bihar Non‑Compulsory Statutes
  • Whether the prosecution has established specific participation of the petitioner in the alleged assault
  • Whether the inconsistencies in the FIR and injury reports justify release on bail

Subjects

  • regular bail
  • criminal procedure
  • Bihar Non‑Compulsory Statutes
  • sections 191,126,115,118,109,117,352,351
  • general allegations
  • inconsistency in FIR
  • SC/ST Act motive

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88793 of 2025
                         Arising Out of PS. Case No.-308 Year-2025 Thana- PIPRA District- Supaul
                 ======================================================
                 Shivdut Paswan @ Sivdatt Paswan @ Shivdutt Paswan S/o Lachhan Paswan
                 Resident of village - Bishanpur, Ward NO. 10, Police Station - Pipra, District
                 - Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arun, Advocate
                 For the Opposite Party/s :        Mr.Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-01-2026                       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 191 (2),

                   126 (2), 115 (2), 118 (1), 109, 117 (2), 352 and 351 (2) of the

                   BNS.

                                3.     The case of the prosecution is that the petitioner

                   along with 14 others, being armed with ‘farsa’, ‘sword’ and

                   ‘iron rod’ arrived and started assaulting the informant

                   indiscriminately. It is further alleged that when Deep Narayan

                   Yadav came to rescue, he was also assaulted by the accused

                   persons and when Mukesh Yadav came to rescue, he too was

                   assaulted by Rajesh Paswan, Rama Paswan, Cheedo Paswan and
Patna High Court CR. MISC. No.88793 of 2025(2) dt.22-01-2026
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          the petitioner herein.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that a

          bare perusal of the FIR, would show that at two places

          allegations have been made against the petitioner, at the first

          place, he assaulted the informant and at the second place, he has

          assaulted Mukesh Yadav. However, in both places, the petitioner

          has been named along with several other accused persons and

          the nature of the allegation is general and omnibus. It is also

          submitted that no specific weapons has been attributed to this

          petitioner. A bare perusal of the order passed by the learned trial

          Court, shows that injury report of six persons are available in

          the case diary. However, the order records only two persons as

          victims, which clearly indicates inconsistency in the prosecution

          case. Moreover, no injury has been described as grievous in

          nature. It is further submitted that motive behind the case is

          clear from the last part of the FIR wherein it has been stated that

          the accused persons had earlier lodged a case against the

          informant under SC/ST Act, which was false. It is further

          submitted that the nature of allegation is general and omnibus

          and even in the order of the learned trial court does not say so
            Patna High Court CR. MISC. No.88793 of 2025(2) dt.22-01-2026
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                      that anybody has received grievous injury.           Moreover, the

                      petitioner is languishing in judicial custody since 14.09.2025.

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail.

                                   6. Considering the aforesaid 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 Pipra P.S. Case No. 308 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

                      Judicial Magistrate- 1st Class, Supaul.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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