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Patna High Court

Maheshwar Paswan @ Maheshwar BhagatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.90784 of 2025(2) dt.13-01-2026
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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
            Patna High Court CR. MISC. No.90784 of 2025(2) dt.13-01-2026
                                                        3/3




                      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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