Bhim Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13924 of 2025 Arising Out of PS. Case No.-472 Year-2024 Thana- BARUN District- Aurangabad ====================================================== 1.
Bhim Paswan S/O Harihar Paswan R/O Vill.- Dhanauti, P.S. Barun, Dist.- Aurangabad.
2.
Harihar Ram@Harihar Paswan S/O late Dashrath Ram@Late Dasrath Paswan R/O Vill.- Dhanauti, P.S. Barun, Dist.- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aman Vishal, Advocate For the Opposite Party/s :
Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Barun P.S. Case No.472 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 74, 109, 303(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, on 06.10.2024 when informant was at his house then at about 7:00 P.M, all the accused persons including both the petitioners came to the house of the informant and started assaulting and
Patna High Court CR. MISC. No.13924 of 2025(2) dt.28-03-2025 2/3 abusing the informant along with his family members by means of lathi and rod for litterring plastic in sewage.
4. Learned counsel for the petitioner submits that petitioners have falsely been implicated in this case. He further submits that though there is specific allegation against the petitioner no.1 of assaulting by fist and leg upon the informant's wife, namely, Rita Kumari and his sister in law, namely, Renu Devi but no injury report has been mentioned in the impugned order regarding the injury sustained by Rita Kumari and Renu Devi. He further submits that petitioner no.2 has allegedly assaulted Dharmendrea Paswan, who has only complained of bodyache which has been opined by Medical Officer as simple in nature. He further submits that there is an inordinate delay of five days in lodging of the FIR without any plausible explanation. He next submits that petitioners have got clean antecedents as stated in para-3 of the bail petition.
5. However, learned APP for the State oppose the prayer for anticipatory bail of the petitioner.
6. On perusal of FIR, impugned order dated
Patna High Court CR. MISC. No.13924 of 2025(2) dt.28-03-2025 3/3 19.12.2024 it appears that petitioners possesses clean antecedents and injuries sustained by the injured are simple in nature and considering all aspects of the case and nature of allegation levelled against the petitioners and submissions made on behalf of the learned counsel for the petitioners, I am inclined to grant anticipatory bail to the above named petitioners, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the court below within a period of six weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No.472 of 2024, subject to the conditions as laid down under Section 482(2) of BNSS.
(Ramesh Chand Malviya, J) Harshita/- U T