Indrabali PaswanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89179 of 2025
                       Arising Out of PS. Case No.-25 Year-2025 Thana- BIRAUL District- Darbhanga
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           1.     Indrabali Paswan S/O Late Ram Narain Paswan R/O Village- Kamlawari,
                  P.S- Biraul, District- Darbhanga.
           2.    Chandrabali Paswan S/O Late Ram Narain Paswan R/O Village- Kamlawari,
                 P.S- Biraul, District- Darbhanga.
           3.    Hemant Paswan S/O Late Ram Narain Paswan R/O Village- Kamlawari,
                 P.S- Biraul, District- Darbhanga.
           4.    Balbant Paswan S/O Late Ram Narain Paswan R/O Village- Kamlawari, P.S-
                 Biraul, District- Darbhanga.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Majid Mahboob Khan, Advocate

                 For the Opposite Party/s :        Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-01-2026                     Heard Mr. Majid Mahboob Khan, learned counsel

                   for the petitioners and Dr. Indiwar Kumari, learned Additional

                   Public Prosecutor for the State.

                                 2. The petitioners are apprehending their arrest in

                   connection with Biraul P.S. Case No. 25 of 2025, F.I.R. dated

                   16.01.2025 for the offences punishable under Sections 126(2),

                   115(2), 1118(1), 110 and 3(5) of the B.N.S., 2023.

                                 3. According to prosecution case, petitioners and other

                   co-accused persons came to the house of the informant

                   variously armed and assaulted the informant and his son.
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                       4. Learned counsel for the petitioners submits that

          petitioners have clean antecedent and they have falsely been

          implicated in the present case. He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioners have not committed any offence as alleged in the

          F.I.R. Although, the petitioners are named in the F.I.R. From

          perusal of the F.I.R. it appears that the F.I.R. has two parts, in

          first part, there is general and omnibus allegation against all the

          accused persons and in the second part, the specific allegation of

          assault is upon petitioner no. 1 that he assaulted to Dhanraj

          Paswan and he sustained injuries and the injuries are found to be

          simple in nature. As far as petitioner nos. 2, 3 and 4 are

          concerned, there is no specific allegation of assault or overt act

          against them rather the allegation are general and omnibus.

          Similarly situated co-accused persons namely, Ramdev Sharma,

          Anil Paswan and Saroj Paswan have granted anticipatory bail by

          a coordinate Bench of this Court vide order dated 30.07.2025

          passed in Cr. Misc. No. 47172 of 2025.

                       5.   Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioners, above named, in the event of their arrest or
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          surrender before the court below within a period of thirty days

          from the date of receipt of the order, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with

          two sureties of the like amount each to the satisfaction of the

          learned A.C.J.M.-1, Biraul, District- Darbhanga in connection

          with Biraul P.S. Case No. 25 of 2025, subject to the conditions

          as laid down under Section 438(2) of the Code of Criminal

          Procedure/Section 482(2) of BNSS, 2023 and with other

          following conditions:

                       i. Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on their absence on two consecutive dates without sufficient

          reason, their bail bonds shall be cancelled by the Court below.

                       ii. If the petitioners tamper with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioners and in case at

          any stage it is found that the petitioners have concealed their

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioners. However, the
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                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-

U      T