Sunil Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20434 of 2025 Arising Out of PS. Case No.-194 Year-2018 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.
Sunil Paswan S/o Late Hira Paswan R/o Village- Kalgiganj, P.S.- Kahalgaon, District- Bhagalpur 2.
Basukinath Yadav @ Basuki Yadav S/o Bhuneshwar Yadav R/o Chhopal tola, P.S- N.T.P.C. Kahalgaon, Distt- Bhagalpur ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Ranjan Kumar Sinha, Advocate For the State :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-04-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Kahalgaon PS. Case No.194 of 2018 Dated-02.04.2018 registered for the offences punishable under Sections 144, 145, 147, 148, 149, 186, 283, 353, 504, 109 of the Indian Penal Code.
3. Learned counsel for the petitioners submit that the Petitioners are innocent and have falsely been implicated in this case. He further submits that similarly situated co-accused have been enlarged on bail by a co-ordinate Bench of this Court vide
Patna High Court CR. MISC. No.20434 of 2025(2) dt.23-04-2025 2/3 order dated 08.10.2018 passed in Cr.Misc. No. 62500 of 2018.
4. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
5. It has further been stated in paragraph no.3 of the petition that the petitioner no.1 has been made accused in one other case whereas the petitioner no.2 has no antecedent.
6. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
7. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Kahalgaon PS. Case No.194 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other
Patna High Court CR. MISC. No.20434 of 2025(2) dt.23-04-2025 3/3 than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J.) Chandan/- U T