Patna High Court - Orders
Dinesh Paswan vs The State Of Bihar on 22 December, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74360 of 2025
Arising Out of PS. Case No.-172 Year-2025 Thana- BASOPATTI District- Madhubani
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Dinesh Paswan S/o Fulgain Paswan Resident of village - Mahinathpur, P.S -
Basopatti, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Adv.
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 22-12-2025Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Basopatti P.S. Case No. 172/2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 126 (2), 115(2), 118(1), 109, 303(2), 132, 121(1), 121(2), 352 and 351(2) of the B.N.S. and 27 of the Arms. Act.
3. As per prosecution case, As per prosecution case, on 23.07.2025 co-accused Bharat Paswan was stopped by the constable Raju Kumar Ram and on enquiry he disclosed that he was going to Nepal carrying fertilizer. Raju Kumar Ram asked to get the sack checked but the same was protested by Bharat Paswan due to which a verbal scuffle took place between them and said Bharat Paswan called his brother Lal Mohan Paswan Patna High Court CR. MISC. No.74360 of 2025(2) dt.22-12-2025 2/4 and 50-60 people gathered and the said group was led by co- accused Lal Mohan Paswan. It is alleged that the mob pushed constable Ram Kumar Ram and started abusing and assaulting him and in the meantime, unknown person fired upon constable Ram Kumar Ram with intention to kill. It is further alleged that mob surrounded constable Ram Kumar Ram and started assaulting him and they also pelted stone on the police officials. Thereafter Raju Kumar Ram fired three rounds from his rifle in his defence. On the basis of CCTV footage, the petitioner and others are said to have participated in the alleged occurrence.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics and previous enmity. The petitioner is languishing in custody since 13.08.2025 and bears no criminal antecedent. There is no specific over-act against the petitioner, rather allegations are general and omnibus in nature. From perusal of FIR, it appears that unknown person fired upon Raju Kumar Ram with intention to kill. He further submits that the petitioner is members of mob. No arms has been recovered from the conscious possession or his house of the petitioner. He orally submits that charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution Patna High Court CR. MISC. No.74360 of 2025(2) dt.22-12-2025 3/4 evidence.
5. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner and submitted that the petitioner is FIR named accused and he cannot escape from the allegation made in the FIR.
6. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Madhubani in connection with Basopatti P.S. Case No. 172/2025, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the Patna High Court CR. MISC. No.74360 of 2025(2) dt.22-12-2025 4/4 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) amitkumar/-
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