Buddhan Paswan @ Budho Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16272 of 2025 Arising Out of PS. Case No.-233 Year-2024 Thana- BEERPUR District- Begusarai ====================================================== Buddhan Paswan @ Budho Paswan Son of Naresh Paswan Resident of Village - Rajapur Sikarhula, P.S. - Birpur, District - Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Purnendu Keshav For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-07-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Shri Rabindra Kumar. 2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 103(1), 238, 3(5) of the Bharatiya Nyaya Sanhita.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that when she returned from her parental home along with her son, Guddu and when she reached her house, she found door of the house bolted from inside, further when she entered her house from back door, she saw her minor daughter aged about 13 years hanging with noose of a sari, accordingly, an alarm was raised when nearby people came along with the accused persons including the petitioner and they took the dead

Patna High Court CR. MISC. No.16272 of 2025(3) dt.23-07-2025 2/3 body of the informant's daughter and concealed it somewhere, thereafter the informant tried to search the dead body of her daughter but the same was not found.

4.

The learned counsel for the petitioner submits that petitioner, being cousin brother-in-law of the informant, has been falsely implicated in the instant case on account of dispute relating to property. It is also submitted that no motive has been assigned in the FIR for committing the occurrence. It is next submitted that the informant is not an eyewitness to the occurrence. The learned counsel for the petitioner further submits that from perusal of Para 52 of the case diary, it would manifest that suspicion has been raised against the informant also that she might have committed the occurrence and thereafter implicated the accused persons.

It is next submitted that even presuming what has been alleged is true without admitting then the only allegation against the petitioner, as per the FIR, is that he along with other accused helped in concealing the dead body, which was later found in a river. It is also submitted that the allegations also do not inspire confidence as it does not appear probable that the petitioner along with others on hearing alarm would have come to the house of the informant and thereafter would have concealed the dead body.

Patna High Court CR. MISC. No.16272 of 2025(3) dt.23-07-2025 3/3 submitted that the petitioner will not abscond rather will cooperate in the investigation to prove his innocence. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Virpur P.S. Case No. 233 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) Sumit/- U T