Avadhesh Paswan @ Awdhesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33001 of 2025 Arising Out of PS. Case No.-669 Year-2024 Thana- LAKHISARAI District- Lakhisarai ====================================================== Avadhesh Paswan @ Awdhesh Paswan S/o- Sevak Paswan, R/o VillageLodiya, PS- Lakhisarai, Distt- Lakhisarai. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Manaur Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Lakhisarai P.S. Case No. 669 of 2024, dated 19.12.2024, registered for the offences punishable under Sections 316(2) and 318(4) of the B.N.S., 2023.
3. The sum and substance of the allegation is that the complainant and the accused run chimney in partnership and to run partnership business Rs. 21,26,450/- was given to the accused petitioner. However, no account has been given with regard to Rs.12,70,000/- and the same is not being paid back to the petitioner despite demand.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.33001 of 2025(3) dt.04-09-2025 2/3 the petitioner is innocent and has falsely been implicated in this case. He further submits that no amount is due against him and all the money has been accounted. He further submits that the present dispute is purely of civil nature and there is no criminality in the alleged facts and circumstances.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved before 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 been made accused in two other cases.
7. However, learned A.P.P. for the State vehemently opposes the prayer of the petitioner for bail.
8. Considering the aforesaid facts and circumstances and the civil nature of the dispute, this petition is allowed, directing the petitioner, above-named, 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/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.33001 of 2025(3) dt.04-09-2025 3/3 learned concerned Court below, in connection with Lakhisarai P.S. Case No. 669 of 2024, 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 other than the disclosed one, 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.) Shahnawaz/- U T