Allowed¶21

Rafu Paswan @ Raffu Paswan v. The State of Bihar

Bail – Regular bail

Patna HC19 Mar 2025CR. MISC./14672/2025

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What is this about?

Patna High Court, Criminal Miscellaneous No.14672 of 2025 (decided 19-03-2025), Soni Shrivastava, J. Rafu Paswan @ Raffu Paswan v. The State of Bihar — regular bail in Kajraili P.S. Case No. 92 of 2024 (Bhagalpur) under Ss. 126(2), 115(2), 118(2), 109, 352, 351(2)3(5) and 103(1) BNS Act (corresponding to Ss. 341, 323, 326, 307, 504, 506/34 IPC); free fight, no premeditation; counter case same day; no criminal antecedent; custody since 14.09.2024; bail bond Rs. 10,000 with two like sureties; bail allowed.

What did the court decide?

Regular bail granted: petitioner enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st, Bhagalpur in connection with Kajraili P.S. Case No. 92 of 2024. ¶21

Rafu Paswan @ Raffu Paswan Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14672 of 2025

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Arising Out of PS. Case No.-92 Year-2024 Thana- KAJRAILI District- Bhagalpur

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Rafu Paswan @ Raffu Paswan Son of Karu Paswan R/Vill -Kumrath PSKajraili Dist -Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Rajive Ranjan Singh, Adv For the Opposite Party/s : Mr.Humayou Ahmad Khan, APP

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======================================================

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

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2 19-03-2025

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Heard learned counsel for the petitioner and the

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State.

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The petitioner makes a prayer for grant of regular bail in connection with Kajraili P.S.Case No. 92 of 2024 registered under sections 126(2), 115(2), 118(2), 109, 352, 351(2)3(5) of BNS Act and further added 103(1) of the BNS Act corresponding to sections 341, 323, 326, 307, 504, 506/34 of the Indian Penal Code.

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It would appear from the perusal of the first information report that the petitioner had gone to the informant on the date of occurrence i.e 13.09.2024 and had told the son of the informant has abducted his daughter Shiwani Kumari to which the informant had replied that her son had already gone to Hyderabad for labour work. It is stated that in the meantime, it

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Patna High Court CR. MISC. No.14672 of 2025(2) dt.19-03-2025 2/3

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is alleged that Abhishek Kumar , Shivam Kumar, who are sons of the petitioner and Kusum Devi, wife of the petitioner, assaulted the informant’s husband Bhushan Paswan with intention to kill him. It is further alleged that it was this petitioner, who assaulted with khanti on his head due to which his head was fractured and the blood started oozing out. It has also been alleged that when she and her daughter came to the rescue, they were also beaten by the accused persons.

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Learned counsel for the petitioner submitted that a counter case was also lodged on the same day by the petitioner against the deceased and informant of the present case and both the cases were lodged on the same day. It appears that on account of a dispute with regard to kidnapping of the daughter of the petitioner an altercation took place between the parties and this Court considers the submission of the learned counsel for the petitioner that it is not a case of any premeditated act or violence but the occurrence has taken place in a free fight between the parties, resulting in serious injuries on the informant's husband leading to his death.

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Considering the facts that the petitioner has no criminal antecedent and he is in custody since 14.09.2024, the petitioner is enlarged on bail on furnishing bail bond of Rs.

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Patna High Court CR. MISC. No.14672 of 2025(2) dt.19-03-2025 3/3

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10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Bhagalpur in connection with Kajraili P.S.Case No. 92 of 2024.

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(Soni Shrivastava, J)

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N.K/- U T

Rafu Paswan @ Raffu Paswan v. The State of Bihar

Case brief

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Rafu Paswan @ Raffu Paswan v. The State of Bihar

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