Patna High Court – Orders
Kishori Paswan vs The State Of Bihar on 26 February, 2026
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73727 of 2025
Arising Out of PS. Case No.-186 Year-2023 Thana- CHAKIA District- East Champaran
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1. Kishori Paswan S/O Jiyalal Paswan R/O Village- Bhuwanchhapra, Ward
No.-16, P.S- Chakiya, Distt.- East Champaran.
2. Sharwan Kumar S/O Krishna Paswan R/O Village- Bhuwanchhapra, Ward
No.-16, P.S- Chakiya, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate.
For the Opposite Party/s : Mr.Ganesh Prasad Singh, APP.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 26-02-2026
Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Chakia P.S. Case No. 186 of 2023 registered for the
offence punishable under Sections 447, 307, 341, 323, 354, 379,
504, 506 and 34 of the Indian Penal Code.
3. As per the allegation made in the F.I.R., all the
accused persons including the petitioners with an intention to
kill assaulted the informant and other family members and the
persons assembled at the place of occurrence.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent. The
Patna High Court CR. MISC. No.73727 of 2025(3) dt.26-02-2026
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petitioners have falsely been implicated in the case due to
dispute relating to access to passage which was obstructed by
the informant leading to fierce fight, in which both the sides
sustained injury. There is case and counter case between the
parties due to land dispute. In support of the same, information
has been given in Para-6 of the bail application. Learned
counsel further submitted that the petitioners being innocent
deserves to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioners. He has
referred to the material which has surfaced in the case diary, as
well as, in the injury report from which it appears that the
informant sustained seven injuries on different parts of the body
which shows that repeated assault was made by the petitioners,
as such, the petitioners don’t deserve to be released on pre-arrest
bail.
6. Heard the parties.
7. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R., petitioner has given specific information in Para-6 of
the bail application that in respect of the said incidence, he has
also filed counter case being Chakia P.S. Case No. 195 of 2023,
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subsequent to filing of the present F.I.R., the dispute relates to
passage, specific allegation against the petitioner no.1 is that he
has assaulted the informant and other persons assembled there
repeatedly causing several injuries on different parts of the body
of the informant, I am not inclined to enlarge the petitioner no.1
on pre-arrest bail.
8. So far as petitioner no.2 is concerned, he is a
student and has just emerged as an adult and the injuries
attributable to the petitioner no.2, which have been found on the
person of the victim are simple in nature, the petitioner no.2 is
directed to be released on pre-arrest bail, in the event of his
arrest or surrender before the Court below within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, East
Champaran, Motihari in connection with Chakia P.S. Case No.
186 of 2023, subject to the condition as laid down under Section
438(2) Cr.P.C / 482(2) BNSS.
9. The District Court is directed to verify the criminal
antecedent of the petitioner no.2 and if it is found that the
petitioner no.2 is involved in some other cases as what has been
stated in Para-3 of the bail petition, this order will automatically
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lose its force.
10. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T