Bikram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32130 of 2025 Arising Out of PS. Case No.-371 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== Bikram Paswan S/O Bhogindra Paswan Resident of Village- Nauranga, P.SChautham, District-Khagaria, Bihar. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Chautham P.S. Case No. 371 of 2024 (G.R. No. 3884 of 2024) registered for the alleged offence under Sections 190, 191(1), 126(2), 127(2), 115(2), 118(1), 109, 132, 131, 121(1), 121(2), 324(4), 324(5), 352, 352(2), 351(3) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, when the Circle Officer along with Nazir went for effecting delivery of possession pursuant to execution of decree of the court, 50-60 persons attacked the officials with bricks, stones, lathi and danda and put a blockade on NH-07. The petitioner is one of the FIR named accused persons who was identified along with 11 other persons. The assailants damaged the police vehicle and a number of persons received injuries.

Patna High Court CR. MISC. No.32130 of 2025(2) dt.21-05-2025 2/2

04. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to village politics and highhandedness of the police personnel. There is general and non-specific allegation against the petitioner and others. The petitioner is having clean antecedent.

05. Learned A.P.P. for the State vehemently opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner and others assaulted the team of officials which went to effect the delivery of possession in Execution case No. 10 of 1986 and if such type of person is allowed anticipatory bail, there will be anarchy and lawlessness in the society.

06. Having regard to the nature of allegation and act of the petitioner and other co-accused persons in obstructing the process of Court by opposing the delivery of possession being effected pursuant to a decree in execution case and taking law in their hands, I do not think it is a fit case for grant of anticipatory bail to the petitioner. Hence, his prayer for anticipatory bail is rejected.

(Arun Kumar Jha, J) Ashish/- U T