Shrawan Paswan @ Pale Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3701 of 2025 Arising Out of PS. Case No.-372 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== Shrawan Paswan @ Pale Khan, S/O Late Dwarika Paswan, R/o VillageDoiya, P.S- Noorsarai, Dist.- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parmanand Prasad, Adv.
For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-01-2025 Heard Mr. Parmanand Prasad, learned counsel for the petitioner and Mr. Anand Kishore Choudhary, learned APP for the State.
2. The petitioner apprehends his arrest in connection with Noorsarai P.S. Case No. 372 of 2024 dated 21.08.2024 registered for the offences punishable under sections 191(2), 190, 127(1), 127(2), 115(2), 109, 132, 121(1), 324(3), 352 and 351(2) of the Bharatiya Nyaya Sanhita and section 3 of the Damage to Public Property Act.
3. The main submissions advanced by petitioner's counsel are that the alleged incident relates to arson allegedly committed by public during Bharat Band and as per the FIR, a crowd of 80-100 persons was involved in committing the alleged occurrence as to creating obstacle in the duty of the
Patna High Court CR. MISC. No.3701 of 2025(2) dt.24-01-2025 2/3 official of fire brigade department and damaging their vehicles, though the petitioner is named in the FIR but against him there is no specific allegation. It is further submitted that the petitioner has been named in the FIR on the basis of his identification made by local villagers and chowkidar as per the FIR but it is an admitted position that no videography was done in respect of the commission of the alleged occurrence. It is further submitted that five co-accused persons, namely, Aazad Paswan, Chhotu Paswan @ Indrajeet Paswan, Pratik Paswan @ Nikki Kumar, Billa Paswan and Sheru Paswan @ Sheru Kumar, carrying similar nature of allegation, have been granted the relief of anticipatory bail by this Bench vide orders passed in Cr. Misc. Nos.
83391/2024 and 89758/2024 respectively. Though against the petitioner, there is criminal antecedent of one case but he is on bail in the said case and three members of fire brigade are said to have sustained injuries but their injuries have been opined to be simple in nature and in this regard, the order impugned may be perused.
4. Though learned APP appearing for the State has opposed the bail prayer of the petitioner but fairly accepted that the case of this petitioner stands on similar footing with the aforesaid co-accused persons whose prayer for anticipatory bail
Patna High Court CR. MISC. No.3701 of 2025(2) dt.24-01-2025 3/3 has been accepted by this Bench.
5. Considering the aforesaid submissions advanced by petitioner's counsel, this Court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Noorsarai P.S. Case No. 372 of 2024, subject to the conditions as laid down under Section 484(2) of the B.N.S.S.
(Shailendra Singh, J) annu/- U T