Naresh Paswan Vs The State of Bihar

connection with Murliganj P.S. Case No. 353/2025 registered for the offence(s) punishable under Sections 126(2),115(2),109,352,303(2),117(2),3(5) of the BNS.

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As per the allegation made in the FIR, the accused persons named therein including the petitioners have assaulted the informant and his sons, as a result of which, they sustained injuries. Specific allegation of assaulting the informant on his head and leg is against co-accused Naresh Paswan (petitioner

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no.1) and Manish Paswan (petitioner no.3). Allegation against the petitioner no.2 is that he assaulted the son of the informant and he along with other co-accused tried to outrage the modesty of the daughter-in-law of the informant.

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Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case due to land dispute. Petitioner no.1 and informant are own brothers. There is case and counter case between the parties. The injury sustained by the son of the informant is found to be simple in nature, caused by hard and blunt substance, attributable to petitioner no.2. So far as allegation of outraging the modesty of the daughter-in-law of the informant is concerned, the same is ornamental in nature. On these grounds, petitioners seek to be released on pre-arrest bail.

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Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

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Having considered the rival submissions made on behalf of the parties, as well, having perused the allegation made in the FIR and also considering the fact that the injury attributable to the petitioner no.2 is found to be simple in nature, I am of the opinion that petitioner no. 2 has, prima facie, made

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out a case to be released on pre-arrest bail.

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The petitioner no.2, above named, is directed to

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be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Madhepura / Concerned Court in connection with Murliganj P.S. Case No. 353/2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

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The learned District Court is directed to verify the criminal antecedent of the petitioner no.2 and if it is found that the petitioners are involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

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So far as petitioners no.1 and 3 are concerned, considering the nature of allegation made against them, the petitioners no.1 and 3, if so advised, may surrender before the learned District Court and seek regular bail . In that case, the learned District Court is directed to consider the bail application of the petitioners no.1 and 3 on the same day and pass necessary order on the basis of material which has come in

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course of investigation without delay.

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The present petition stands disposed of.

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(Purnendu Singh, J)

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Sanjay/-

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U T

Naresh Paswan v. The State of Bihar

Case brief

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Naresh Paswan v. The State of Bihar

Case brief

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