Patna High Court – Orders
Vijay Paswan @ Bijay Paswan vs The State Of Bihar on 24 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2585 of 2025
Arising Out of PS. Case No.-48 Year-2003 Thana- GOH District- Aurangabad
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1. Vijay Paswan @ Bijay Paswan S/o Shaligram Paswan R/o Village-Berka,
P.S-Goh, District- Aurangabad (Bihar)
2. Jay Paswan @ Ajay Paswan @ Jay S/o Bhagalu Paswan R/o Village-Berka,
P.S-Goh, District- Aurangabad (Bihar)
3. Krishna Paswan S/o Bhagalu Paswan R/o Village-Berka, P.S-Goh, District-
Aurangabad (Bihar)
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Aman Vishal
For the Respondent/s : Mr. Bal Mukund Prasad Sinha
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CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
ORAL ORDER
4 24-02-2026
1-Heard learned counsel for the appellants and learned
Additional Public Prosecutor representing the State.
2-This appeal under Sections 415 (2) and 430(1) of
B.N.S.S. has been preferred by the appellants namely, Vijay
Paswan @ Bijay Paswan, Jay Paswan @ Ajay Paswan @ Jay
and Krishna Paswan against the judgment of conviction dated
27.05.2025 and order of sentence dated 05.06.2025 passed by
learned Additional Sessions Judge VIII, Aurangabad (Bihar) in
Sessions Trial No. 90 of 2004/Tr. No. 240 of 2024 arising out of
Goh Police Station Case No. 48 of 2003, under Sections 448,
341, 323, 325, 307 and 34 of the IPC, District Aurangabad,
convicting and sentencing the appellants as under:-
Patna High Court CR. APP (SJ) No.2585 of 2025(4) dt.24-02-2026
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(a) 4 years’ rigorous imprisonment and fine of Rs. 2,000/-
for the offence under Section 452 of the IPC and in default of
payment of fine, 6 months’ additional simple imprisonment.
(b) 6 month’s rigorous imprisonment for the offence
under Section 323 of the IPC.
All the sentences are ordered to run concurrently.
3-The appellants have prayed for suspension of his
sentence and release on bail during the pendency of this
Criminal Appeal before this Court.
4-Brief facts of the case, which are required to be stated
are that informant lodged F.I.R. stating therein that on
19.05.2003 at around 1:30 pm, while he was at his house, he
heard sound of his nephew Suresh Das and found him outside
being assaulted by three persons namely Vijay Paswan
(appellant no. 1), Jay Paswan (appellant no. 2) and Krishna
Paswan (appellant no. 3) with lathi, stick, fists and kicks. When
he opposed, they entered into his house and assaulted him and
his wife. Krishna Paswan assaulted him on head, Vijay Paswan
and Jay Paswan assaulted his wife on right hand.
5-It is argued by learned counsel for the appellants that
the appellants are innocent and they have been falsely
implicated in this case. Impugned judgment and order of
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conviction and sentence of the appellants is not sustainable in
the eyes of the law. It is further argued that though the charges
under Sections 452 and 307/34 of the IPC were framed against
the appellants but they have been acquitted of the charges under
Section 307 of the IPC and have been illegaly convicted for the
offence under Sections 452 and 323/34 of the IPC without any
credible material evidence on record against them. During trial,
appellants were in custody for a period of 5 days, 11 days and
18 days respectively and after conviction they are in jail since
27.05.2025. It is also pointed out that out of 12 prosecution
witnesses of the charge sheet, only eight prosecution witnesses
have been produced and examined. The Investigating Officer
and Doctor, who were the relevant prosecution witnesses have
not been examined before the Trial Court, hence several
documents of the prosecution could not prove in accordance
with law. Lastly, it is submitted that in case appellants are
granted bail, they will not misuse the liberty of bail and will co-
operate in early hearing of this appeal.
6-Learned A.P.P. for the State opposed the prayer for bail
by contending that prosecution has proved it’s case beyond
reasonable doubt but could not dispute the factual aspect of the
matter that the Investigating Officer and Doctor have not been
Patna High Court CR. APP (SJ) No.2585 of 2025(4) dt.24-02-2026
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examined before the Trial Court and no reason has been given
for not producing them.
7-Having heard the learned counsel for the parties and
examined the matter in it’s entirety, I find that maximum period
of sentence for the alleged offences as awarded to the appellants
is up to four years and as per custody detail mentioned in the
impugned judgment, appellants have served incarceration for
period of 8 months 28 days. Considering the huge pendency of
the cases, appeal is not likely to be heard before completing
entire period of sentence. There is no material on record to
presume that there is danger, of course, of justice being thwarted
by grant of bail to the appellants.
8-Considering the facts and circumstances of the case as
well as keeping in view the nature of the offence, evidence,
complicity of the accused, submissions of learned counsel for
the parties and the reasons as mentioned above, this Court is of
the opinion that the appellants are liable to be released on bail
during pendency of this Criminal Appeal.
9-In view of the above, the sentence of the appellants
shall remain suspended during the pendency of this Criminal
Appeal.
10-Let the appellants Vijay Paswan @ Bijay Paswan, Jay
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Paswan @ Ajay Paswan @ Jay and Krishna Paswan be enlarged
on bail during pendency of this appeal in above Case on their
furnishing bail bond with two sureties each in the like amount to
the satisfaction of the Court concerned.
11-On acceptance of the bail bonds, the concerned Court
below shall furnish the photocopy thereof to this Court for being
kept on record of this Criminal Appeal.
12-Let this Criminal Appeal be listed in due course for
hearing.
(Sanjay Kumar Singh , J)
Prakash/-
U
