Hari Shankar Paswan @ Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19445 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- Garahara District- Begusarai ====================================================== Hari Shankar Paswan @ Mukesh Paswan S/o Satish Paswan R/o Vill./Mohalla- Rajwara, P.S.- Garhara (Gadhara), Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.

2. The present Criminal Miscellaneous Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehends his arrest in connection with Gadhara P.S. Case No.01 of 2025 lodged on 05.01.2025, for the offences punishable under Sections 76, 127(1), 329(4), 118(1), 109 and 3(5) of the BNS, 2023.

3. As per the prosecution, the FIR has been lodged against 3 named accused persons including the petitioner with allegation that they have assaulted the daughter of the informant by knife on her stomach with a view to kill and got injured.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner has been falsely implicated in

Patna High Court CR. MISC. No.19445 of 2025(2) dt.16-04-2025 2/2 this case. It has specifically mentioned that there is land dispute between the parties due to which scuffling took place between them.

5. Counsel further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him. He further submits that petitioner's antecedent is clean. He further submits that they have no intention to kill the informant's daughter.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is clean.

7. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

8. However, trial court is directed to consider the regular bail application of the petitioner, if he surrenders within 4 weeks from today and prays for regular bail, then trial court shall pass order without being prejudice of the present order preferably on the same day.

(Dr. Anshuman, J.) Prakashmani/- U T