Prakash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30449 of 2025 Arising Out of PS. Case No.-325 Year-2024 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== 1.

Prakash Paswan S/o- Ram Kishore Paswan Moh- Baladulah Kagwa Gumti W.No-3, Ps- LNMU Dist- Darbhanga 2.

Rohit Paswan S/o- Ram Kishore Paswan Moh- Baladulah Kagwa Gumti W.No-3, Ps- LNMU Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr .Saurav Anand, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in connection with L.N.M.U, P.S. Case No. 325 of 2024, dated 20.11.2024, lodged under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023"), pending before the Court of learned Sessions Judge, Darbhanga.

3. As per the prosecution, the accused persons alleged to have assaulted the shopkeeper who was creating obstruction in construction of the road.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He

Patna High Court CR. MISC. No.30449 of 2025(2) dt.14-05-2025 2/2 submits that there is no involvement of the petitioners as alleged in the FIR. They are poor labourers and they have been made accused unnecessarily. He further submits that discussion takes place between the parties for removal of the shop and it is due to this reason all of a sudden, he fell down. Counsel submits that he has attached the postmortem report and from the postmortem report, it appears that there is no external injury found on the person of the deceased which falsifies the prosecution version itself.

5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that there is specific allegation of assault against the petitioners resulting into death of the informant's father namely, Ranjeet Sharma.

6. From the injury report, it transpires to this Court that abrasion found on the external part of the body and as such, in the present facts and circumstances, this Court is not inclined to grant bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners are hereby rejected. (Dr. Anshuman, J) Sudhanshu/- U T