Anuj Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23743 of 2025 Arising Out of PS. Case No.-192 Year-2020 Thana- PARWALPUR District- Nalanda ====================================================== 1.
Anuj Paswan S/O Basudev Paswan Resident of Village - Koyri Bigha, P.S. - Parwalpur, District - Nalanda 2.
Sikandar Paswan S/O Basudev Paswan Resident of Village - Koyri Bigha, P.S. - Parwalpur, District - Nalanda ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Shyamal Prakash, Advocate For the Opposite Party/s :
Mr. Bishweshwar Ram, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 05-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 307, 354, 379, 504 and 506 of the IPC.
3. On the basis of written application of the informant, Minta Devi the case of the prosecution in nutshell is that the informant namely Minta Devi alleged that on 27.07.2020 at about 12:00 PM due to previously existing land dispute, she was abused and assaulted by Krishna Paswan and his family members causing severe injuries and hence the FIR.
4. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.23743 of 2025(2) dt.05-05-2025 2/3 petitioners are innocent and have been falsely implicated in the present case. It is further submitted that there is no specific allegation against the petitioners. The specific allegation of assault is on Shashi Bhushan Paswan and Shiv Nandan Paswan but not on any of the petitioners. The allegation against the petitioners is general and omnibus in nature and hence the petitioners deserve to be given the benefit of anticipatory bail. The injury report also suggests simple injury caused except in case of Dayanand Paswan in which case the opinion has been reserved.
The learned counsel for the petitioners further submits that the other accused persons namely Manju Paswan, Basudev Paswan, Ashwani Paswan, Gayatri Devi, Kari Devi, Rupa Devi, Subodh Paswan, Munna Paswan and Bindu Paswan have been given anticipatory bail by order dated 22.11.2021 in Criminal Misc. No. 4525 of 2021 and even Shashi Bhushan Paswan who has been alleged in the FIR to have assaulted the informant has been granted anticipatory bail by order dated 17.03.2024 in Criminal Misc. No. 11222 of 2024. Learned counsel for the petitioners further submits that petitioners are persons with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Patna High Court CR. MISC. No.23743 of 2025(2) dt.05-05-2025 3/3
6. Considering the submissions made by the learned counsel for the petitioners and the fact that the petitioners have clean antecedent and also the fact that there is no specific allegation of assault on the petitioners and further that the other accused persons have already been given the privilege of anticipatory bail, the petitioners in the event of their arrest or surrender within four weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM 1st Hilsa, Nalanda in connection with Parwalpur P.S. Case No. 192 of 2020, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 . (Alok Kumar Sinha, J) Gaurav Sinha/- U T