Anand Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15168 of 2025 Arising Out of PS. Case No.-130 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== Anand Paswan S/O Nawlesh Paswan @ Naulesh Paswan R/O VillageGandhi Nagar, Manpur, P.S- Mufassil, Dist.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar For the Opposite Party/s :
Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-04-2025
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Muffasil Police Station Case No. 130 of 2024, dated 10.02.2024, disclosing offences under Sections 341/323/337/307/354/504/506/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 10.02.2024, at about 08:00 AM, while the informant was sitting at her door, all the accused persons, including the petitioner, came in an inebriated/intoxicated condition and started abusing her. The co-accused Durlabh Paswan took out a pistol and ordered to take the informant away. Upon protest, the co-accused Durlabh
Patna High Court CR. MISC. No.15168 of 2025(2) dt.09-04-2025 2/3 Pawan started firing and all other accused persons started dragging her away and pelted stones and bricks. It has been alleged that one gun shot passed near the ear of the informant. It has further been alleged that the accused persons, including the petitioner, are of criminal mentality and used to extort money and harass girls in the locality.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence in the manner alleged. The petitioner has falsely been implicated in the present case merely on the basis of suspicion. He next submits that specific allegation of firing is upon co-accused Durlabh Paswan and no overt act has been alleged against the petitioner. The allegation against the petitioner is general and omnibus in nature. He further submits that nobody has sustained injury during the course of occurrence and no cartridges was recovered from the place of occurrence to prove sign of firing.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and gravity of offence and the fact that the petitioner is a habitual offender having four criminal antecedents of serious nature, I am not inclined to grant
Patna High Court CR. MISC. No.15168 of 2025(2) dt.09-04-2025 3/3 the petitioner privilege of anticipatory bail.
6. This application is, accordingly, dismissed. (Anil Kumar Sinha, J) ashwani/- U T