Arun Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29195 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- SINDHIYA District- Samastipur ====================================================== 1.
Arun Paswan S/O Jhathu Paswan R/O- Musepur,PS- Sundhiya DistrictSamastipur 2.
Laltun Paswan @ Laltun Kumar Paswan S/O Jhathu Paswan R/OMusepur,PS- Sundhiya District- Samastipur 3.
Jhatahu Paswan @ Jhathu Paswan S/O Chhabbu Paswan R/O- Musepur, PSSundhiya District- Samastipur 4.
Mukhan Devi W/O Radhe Paswan R/O- Musepur,PS- Sundhiya DistrictSamastipur 5.
Bhulli Devi W/O Govind Paswan R/O- Musepur,PS- Sundhiya DistrictSamastipur ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Shashank Shekhar, Advocate For the State :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 12-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail, apprehending their arrest, in connection with Sindhiya P.S. Case No. 18 of 2025, dated.27.01.2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 121(1), 121(2), 125, 132, 352 and 351(2) of the B.N.S., 2023 and Section 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Patna High Court CR. MISC. No.29195 of 2025(2) dt.12-05-2025 2/3
3. As per allegation, when the police arrested Radhe Paswan in a Criminal Case eight persons attacked the police team demanding release of Radhe Paswan and they were also successful in their attempt and one of the accused, Govind Paswan was arrested then and there and rest of the persons fled away and in the confessional statement of Govind Paswan, the name of the petitioners have transpired.
4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that as a matter of fact, the petitioners have nothing to do with the alleged offence and their name have been taken in the confessional statement of the co-accused, Govind Paswan on account of previous enmity.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named,
Patna High Court CR. MISC. No.29195 of 2025(2) dt.12-05-2025 3/3 to be enlarged on bail, in the event of his 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 his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Sindhiya P.S. Case No. 18 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his 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 petitioner. (Jitendra Kumar, J.) Chandan/- U T