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Patna High Court

Rajesh Paswan @ Rajesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner on condition of a Rs. 10,000 bond with two sureties.

Summary

The petitioner, Rajesh Paswan, sought bail for offences under Sections 191(2), 126(2), 115(2), 118(1), 109, 117(2), 352 and 351(2) of the B.N.S., alleging he was falsely implicated in an armed assault on an informant. The prosecution alleged that the petitioner, along with 14 others, attacked the informant with weapons and later assaulted Mukesh Yadav who came to rescue. The petitioner contended innocence, highlighted a counter‑case, and pointed to a similar bail order granted to co‑accused Shivdut Paswan. The State opposed bail. After hearing both sides, the court found merit in the petitioner's claim and ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S.

Legislation cited

  • B.N.S. — s. 109, 115(2), 117(2), 118(1), 126(2), 191(2), 351(2), 352

Subjects

  • bail
  • criminal procedure
  • B.N.S.
  • armed assault
  • judicial custody
  • sections 191,126,115,118,109,117,352,351

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 89649 of 2025
                         Arising Out of PS. Case No.-308 Year-2025 Thana- PIPRA District- Supaul
                 ======================================================
                 Rajesh Paswan @ Rajesh Kumar, S/o Mahendra Paswan, R/o vill - Bishanpur,
                 ward no 9, P.S.- Pipra, Distt.- Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ranjay Kumar Singh, Advocate
                 For the Opposite Party/s :        Ms. Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   27-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Pipra P.S. Case No.308 of 2025 registered for the offence

                   punishable under Sections 191(2), 126(2), 115(2), 118(1), 109,

                   117(2), 352 and 351(2) of B.N.S.

                                3. The case of the prosecution, in short, 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 Mukesh Yadav

                   came to rescue, this petitioner along with other assaulted with

                   lathi and iron rod.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
             Patna High Court CR. MISC. No. 89649 of 2025(2) dt.27-01-2026
                                                         2/2




                       committed no offence. He has been falsely implicated in this

                       case. There is case and counter case between the parties. It has

                       been submitted by learned counsel for the petitioner that

                       Mukesh Yadav has received simple injury caused by hard and

                       blunt substance. It has also been submitted that similarly

                       situated co-accused Shivdut Paswan has been granted bail by

                       this Court vide order dated 22.01.2026 passed in Cr. Misc. No.

                       88793 of 2025. Petitioner is languishing in judicial custody

                       since 18.09.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned C.J.M.,

                       Supual in connection with Pipra P.S. Case No.308 of 2025.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T


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