Lalo Paswan @ Pahalwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22778 of 2025 Arising Out of PS. Case No.-78 Year-2018 Thana- BHAGWANPUR District- Begusarai ====================================================== Lalo Paswan @ Pahalwan S/o- Ram Balak Paswan Village- Akaha Kiratpur Isapur Ps- Bhagwan, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhanshu Prakash, Advocate Ms. Supriya Kumari, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 02-05-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehend his arrest in connection with Bhagwanpur P.S. Case No. 78 of 2018, registered under Sections 447, 323, 504, 506, 307/34 of the Bhartiya Nyaya Sanhita.

3. The case of the prosecution in short as per the informant is that on 26.04.2018, while the informant son's was working on the field then saw all the accused persons named in the FIR including the petitioner were cutting soil from his land and loading on a tractor. When the informant's son, Ravi Raj opposed them then all of them started abusing him. When the informant reached at the place of occurrence then accused

Patna High Court CR. MISC. No.22778 of 2025(2) dt.02-05-2025 2/3 Daroga Paswan pushed him and fell down. When his younger son came for rescue then accused Ram Balak Paswan and other accused persons starting assaulting with lathi to Ravi Raj. It is further alleged that when Prabh Raj Sharma came to rescue then he was also assaulted. It is further alleged that the accused, Lalu Paswan @ Pahalwan (Petitioner) assaulted on the back side of head on the informant's son, Prabhu Raj Sharma with Kudhal with an intention to kill him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. The petitioner further submits that the case of the prosecution is false, fabricated and malicious is based on conjunctures and surmises. It is also submitted that petitioner is having no criminal antecedent and there is counter version of occurrence being Bhagwanpur P.S. case No. 79 of 2018 (Annexure-2.). On these grounds he prays for grant of anticipatory bail.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for anticipatory bail.

6. Although there is an allegation against the petitioner that he assaulted on the back side of head of the informant's son, Prabhu Raj Sharma with Kudhal, the injury report states that the injury sustained was simple in nature

Patna High Court CR. MISC. No.22778 of 2025(2) dt.02-05-2025 3/3 (Annexure P3).

7. Considering the facts and circumstances of the present case, this Court is inclined to grant privilege of anticipatory bail to the petitioner.

8. Let the petitioner, named above, in the event of his arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge, Begusarai, in connection with Bhagwanpur P.S. Case No. 78 of 2018, subject to the condition laid down under Section 482 of the Bhartiya Nyaya Sanhita.

(Alok Kumar Sinha, J) sanjeev/- U T