Patna High Court
Maheshwar Paswan @ Maheshwar BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
Maheshwar Paswan was arrested on 20 November 2025 in connection with a case involving alleged assault, robbery and other offences under the B.N.S, 2023. The prosecution alleged that Paswan and others, armed with lathis and rods, assaulted an informant, stole Rs. 25,000 and ornaments. Paswan’s counsel argued that he has a clean antecedent, the FIR is fabricated, and the incident stems from an admitted land dispute between agnate parties. The court noted the clean antecedent and the existence of a case‑and‑counter‑case, and held that these circumstances warranted bail. Accordingly, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the B.N.S, 2023.
- Whether the existence of a land dispute and a clean antecedent justify bail.
- Whether there is a risk of the petitioner tampering with evidence or witnesses.
Legislation cited
- B.N.S., 2023 — s. 115(2), 118(1), 126(2), 303(2), 329(3), 3(5), 351(2), 352, 74
Subjects
- bail
- criminal procedure
- land dispute
- assault
- robbery
- false FIR
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90784 of 2025
Arising Out of PS. Case No.-136 Year-2025 Thana- BIDUPUR District- Vaishali
======================================================
Maheshwar Paswan @ Maheshwar Bhagat S/O Late Ramdas Bhagat Resident
of Village- Mokimchak, Police Station- Bidupur, Dist.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate
For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Ranjeet Kumar, learned counsel for the
petitioner and Dr. Mrityunjaya Kr. Gautam, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
20.11.2025 in connection with Bidupur P.S. Case No. 136 of
2025, F.I.R. dated 18.02.2025 for the offences punishable under
Sections 126(2), 115(2), 329(3), 118(1), 74, 303(2), 352, 351(2)
and 3(5) of the B.N.S, 2023.
3. According to prosecution case, all the accused
persons including this petitioner armed with lathi, danda, rod
etc. brutally assaulted the informant and her gotani and took
away Rs. 25,000/- cash and some ornaments from her house.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
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implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. There is case and counter
case between the parties and due to admitted land dispute, the
present occurrence has taken place. Both the parties are agnates
to each other. Although there is specific allegation against the
petitioner that he has assaulted to the informant by means of
farsa on her head due to which she received injury but there is
no intention to kill her. The petitioner is in custody since
20.11.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, there is case and counter
case between the parties and due to admitted land dispute, the
present occurrence has taken place, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned C.J.M, Vaishali at Hajipur
in connection with Bidupur P.S. Case No. 136 of 2025 , subject
to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers 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 petitioner and in case at
any stage it is found that the petitioner has concealed her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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)
Vanisha/-
U T
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