Ganesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32935 of 2026 Arising Out of PS. Case No.-1084 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== Ganesh Paswan S/O Bengali Paswan R/O Village- Bagahi, P.S.- Paraiya, Distt.- Gaya, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 13-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Shergahati P.S. Case No. 1084 of 2023 dated 14.10.2023 registered for the offences punishable under Sections 147, 149, 341, 323, 354, 448, 504, 506 and 307 of the Indian Penal Code and Section 3/4 of prevention of witch (Dayan) Practices Act.

3. As per the prosecution case, petitioner along with named co-accused persons and other 15 to 20 unknown persons abused the informant as witch and started assaulting her.

4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in this case due to village politics. It has further been submitted there is general and omnibus allegation against the petitioner. Learned counsel for the petitioner has further submitted that as regards

Patna High Court CR. MISC. No.32935 of 2026(2) dt.13-05-2026 2/2 the injury, the treating doctor has stated that the injuries cannot be assessed as there were no physical signs of abrasion bruises, pain in left side of chest, due to fall and hit by slaps and there was no bruise, abrasion or contusion and the injuries were opined to be simple in nature. It has lastly been submitted that petitioner has got no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Heard the parties and perused the record.

7. Considering the facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory 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 court concerned, Sherghati, Gaya in connection with Shergahati P.S. Case No. 1084 of 2023, subject to conditions as laid down under section 482(2) of the B.N.S.S.

8. The application stands allowed.

(Praveen Kumar, J) shivam/- U T