Bhola Paswan @ Bhola Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33314 of 2025 Arising out of PS. Case No.-34 Year-2025 Thana- HASPURA District- Aurangabad ====================================================== Bhola Paswan @ Bhola Prasad, S/o Ramchandra Paswan, R/o Raghunath Bigha, P.s.- Haspura, Dist.- Aurangabad- 824120 ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kanchan Kumari, Advocate Ms. Sippy Sinha, Advocate For the Opposite Party/s:
Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
2. The petitioner seeks bail in connection with Haspura P.S. Case No. 34 of 2025 dated 02.02.2025 instituted for the offences under Sections 103(10), 80(2), 238 and 3(5) of the Indian Penal Code. He has no criminal antecedent.
3. The prosecution case is to the fact that the informant has stated that his daughter was married two years ago with one Subalal Paswan. It has further been alleged that his son-in-law on 02.02.2025 informed that his daughter died due to illness and they have already cremated her dead body. The informant has alleged that all the named accused persons have killed the daughter and also disposed of the dead body.
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4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated as he was nowhere concerned with the family of the deceased or his nephew Subalal Paswan. Learned counsel for the petitioner further submits that there is no specific allegation made against this petitioner and all the accused persons have stated to have killed the daughter of the informant. It has also been brought to the notice of this Court by learned counsel for the petitioner that the learned Court below has granted anticipatory bail to the similarly situated co-accused person namely Kanchan Paswan, Sahendra Paswan and Chandan Paswan. It has been lastly submitted that the petitioner has no criminal antecedent and is in custody since 03.02.2025.
5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and has stated that petitioner is main accused in the present case in which the daughter of the informant has been killed and her dead body has been disposed off.
6. Considering the aforesaid submission of learned counsel for the parties and taking into account the fact that there is general and omnibus allegation against all the named accused and similarly situated co-accused persons have been granted
3/4 anticipatory bail by the Court below, the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Haspura P.S. Case No. 34 of 2025, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(iv) And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner.
4/4 However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.
(Sourendra Pandey, J) Vikash/- U T