Patna High Court
Shivdut Paswan @ Sivdatt Paswan @ Shivdutt PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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