Patna High CourtCR. MISC./18549/2025rejected

Shahil Paswan v. The State Of Bihar

2025-04-28Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18549 of 2025 Arising Out of PS. Case No.-750 Year-2024 Thana- BARH District- Patna ====================================================== Shahil Paswan Son of Arjun Kumar @ Arjun Paswan Resident of Village - Kali Austhan Malahi, P.S. - Barh, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Kashyap, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-04-2025 Heard Mr. Ashok Kumar Kashyap, learned counsel for the petitioner and Mr. Anil Kumar, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Barh P.S. Case No. 750 of 2024, F.I.R. dated 08.10.2024 for the offences punishable under Sections 126(2), 115(2), 64, 62, 303(2) and 3(5) of the Bhartiya Nyaya Sanhita.

3. According to prosecution case, this petitioner along with other accused persons in drunken state tried to sexually assault the informant and also tried to kill informant's niece.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R.

Patna High Court CR. MISC. No.18549 of 2025(3) dt.28-04-2025 2/2

5. Learned Additional Public Prosecutor on the basis of material available on record and case diary has vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim was recorded under Section 164 of the Cr.P.C. / Section 183 of the BNSS in which she has fully supported the case of the prosecution and apart from that she has categorically stated the petitioner has tried to commit rape upon her. He further submits that the petitioner carries three criminal antecedents other than the present one.

6. Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Barh P.S. Case No. 750 of 2024 pending in the court of Additional Chief Judicial Magistrate- 1st , Barh, Patna.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T