Patna High Court
Vijay Paswan @ Vinay PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties.
Summary
Vijay Paswan was arrested in connection with a case alleging assault on an informant, involving multiple offences under the B.N.S. The prosecution alleged that Paswan, along with his father, attacked the informant with a cudgel, causing head injury. Paswan contended that he was falsely implicated, that the dispute was a land matter between agnates, and that he had no prior criminal record, having been in judicial custody since 27‑10‑2025. The State opposed his bail, while his counsel argued for his innocence and lack of antecedents. After hearing both sides, the court granted bail, directing Paswan to furnish a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under Sections 329(3), 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of the B.N.S.
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 303(2), 329(3), 3(5), 351(2), 352
Subjects
- bail
- assault
- land dispute
- judicial custody
- surety
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89651 of 2025
Arising Out of PS. Case No.-399 Year-2025 Thana- RAJNAGAR District- Madhubani
======================================================
Vijay Paswan @ Vinay Paswan, S/O Late Khattar Paswan, Resident of
village- Gosai Bhumi, P.S.- Rajnagar, Distt.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, 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 Rajnagar P.S. Case No. 399 of 2025 registered for the
offence punishable under Sections 329(3), 126(2), 115(2),
118(1), 109, 303(2), 352, 351(2) and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that the
petitioner along with his father assaulted the informant. It is
further alleged that petitioner was having a kudal and he
assaulted on the head of the informant due to which he received
head injury.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.89651 of 2025(2) dt.27-01-2026
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case. Petitioner and informant are agnates and there is land
dispute between them. It has further been submitted that the
informant has received simple injuries. Petitioner is having no
criminal antecedent and he is languishing in judicial custody
since 27.10.2025.
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.,
Madhubani in connection with Rajnagar P.S. Case No. 399 of
2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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