Shiva Kumar @ Shiv Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36320 of 2026

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Arising Out of PS. Case No.-141 Year-2026 Thana- BAKHTIYARPUR District- Patna

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

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Shiva Kumar @ Shiv Kumar S/O Vinod Paswan @ Binod Paswan Resident of Village- Badaki Mahammadpur, P.S.- Bakhtiyarpur, Dist.- Patna.

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Kartar Paswan @ Kartar Kumar @ Kartal Kumar S/O Yogendra Paswan (Jogindra) @ Yogendra (Jogindra) Pamwan Resident of Village- Badaki Mahammadpur, P.S.- Bakhtiyarpur, Dist.- Patna.

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Shankar Paswan S/O Babu Lal Paswan Resident of Village- Badaki Mahammadpur, P.S.- Bakhtiyarpur, Dist.- Patna.

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Dholan Paswan S/O Mahendra Paswan Resident of Village- Badaki Mahammadpur, P.S.- Bakhtiyarpur, Dist.- Patna.

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Bhushan Paswan @ Bhushan Kumar S/O Mahendra Paswan Resident of Village- Badaki Mahammadpur, P.S.- Bakhtiyarpur, Dist.- Patna.

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Ravi Kumar S/O Shankar Paswan Resident of Village- Badaki Mahammadpur, P.S.- Bakhtiyarpur, Dist.- Patna.

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Samarjit Paswan @ Samarjit Pamwan S/O Shyam Babu Paswan @ Shyambabu Pamwan Resident of Village- Badaki Mahammadpur, P.S.Bakhtiyarpur, Dist.- Patna.

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Rahul Kumar S/O Vinod Paswan @ Binod Paswan Resident of VillageBadaki Mahammadpur, P.S.- Bakhtiyarpur, Dist.- Patna.

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Govinda Kumar S/O Mahendra Paswan Resident of Village- Badaki Mahammadpur, P.S.- Bakhtiyarpur, Dist.- Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar, Adv. For the Opposite Party/s : Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 04-06-2026 Heard learned Advocate for the petitioners and

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learned Advocate for the State.

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The petitioners apprehend their arrest in connection

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with Bakhtiyarpur P.S. Case No.141 of 2026 registered for the

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Patna High Court CR. MISC. No.36320 of 2026(2) dt.04-06-2026 2/4

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offences punishable under Sections 191(2), 191(3), 126(2), 115(2), 74, 118(1), 109, 329(4), 324(2), 303(2), 352, 351(2) of the BNS, 2023 and Section 27 of the Arms Act.

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On the given date and time of occurrence, while the informant was in her house, in the meanwhile, accused Raju Kumar and Vinod Paswan entered into her house in inebriated condition and tried to ravish her forcefully. On hulla, neighbours came and caught both the accused persons. Thereafter, while they were being taken to Bakhtiyarpur Police Station, a group of fourteen FIR-named accused persons, including the petitioners came there and started assaulting and abusing them. It is specifically alleged that co-accused Raju Kumar assaulted Kundan Kumar on his hand with a sword, while Shyam Babu Paswan assaulted him on the head with an iron rod. It is further alleged that Dhirendra Paswan assaulted Sanjay Paswan with a farsa , and Vinod Paswan assaulted Pappu Paswan on the head with an iron rod. Further, Samarjit Paswan and Shankar Paswan allegedly assaulted Sanjay Paswan with lathi, while Raushan Kumar and Ravi Kumar allegedly assaulted Rahul Kumar on the head with lathi.

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Learned Advocate for the petitioners, taking this Court through the materials available on record, contended that

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Patna High Court CR. MISC. No.36320 of 2026(2) dt.04-06-2026 3/4

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this case is nothing but a counter blast to Bakhtiyarpur P.S. Case No.139 of 2026 and, in fact, it is the prosecution parties, who were the aggressor and because of the reason as has been disclosed in the FIR bearing Bakhtiyarpur P.S. Case No.139 of 2026, a free fight took place between two groups resulting into some unfortunate injuries. In the said incident, the persons of the petitioners’ side have also sustained injuries. It is further contended that injured Pappu Paswan, Rajul Paswan and Manjay Paswan received simple injury caused by hard and blunt substance. So far the opinion of injured Kameshwar Paswan is concerned, the same is still reserved and viscera report has not been placed on record. The petitioners are men of fair antecedents and they undertake that they will fully cooperate in the proceedings of the Court.

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On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that because of the active participation of the petitioners, four persons have sustained serious injuries, besides there is allegation of molestation.

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Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of the factum of case and counter case, coupled with the simple

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Patna High Court CR. MISC. No.36320 of 2026(2) dt.04-06-2026 4/4

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nature of injury sustained by Pappu Paswan, Rajul Paswan and Manjay Paswan, besides the fair antecedent of the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Barh, District-Patna in connection with Bakhtiyarpur P.S. Case No.141 of 2026, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners.

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(Harish Kumar, J)

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rohit/-

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U T

Shiva Kumar @ Shiv Kumar v. The State of Bihar

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Shiva Kumar @ Shiv Kumar v. The State of Bihar

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