Patna High Court
Rajesh Paswan @ Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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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