Rajendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36339 of 2025 Arising Out of PS. Case No.-1054 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== Rajendra Paswan S/o Algu Paswan R/o Village and Post Office- Saraw, P.S.- Natwar, Distt.- Rohtas (Sasaram) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepti Pandey, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-07-2025 Heard Ms. Deepti Pandey, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Sasaram Town (Darigaon) P.S. Case No.1054 of 2023, F.I.R. dated 09.11.2023 for the offences punishable under Sections 341, 342, 323, 379, 387, 504, 506, 427/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. According to prosecution case, on 02.10.2023 at the Sasaram (Darigaon O.P.) Police Station, Indu Devi alleged that while she was in Mauza-Bhadokhara, when the petitioner along with 15-20 unidentified persons surrounded her, demanded 5,00,000, and threatened to ruin her family life. Additionally, ₹ one person named Sheo Shankar Kumar, along with another unknown person, allegedly snatched a gold chain from her neck. It was also reported that some plants were set on fire by the
Patna High Court CR. MISC. No.36339 of 2025(3) dt.28-07-2025 2/3 accused persons.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. From a bare perusal of the F.I.R., it appears that due to admitted land dispute, the present occurrence has taken place and no specific allegation of any assault or overt act is attributed against the petitioner rather there is general and omnibus allegation against all the accused persons, including the petitioner that they have abolished the boundary wall of the informant.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances, the petitioner has clean antecedent, there is no specific allegation of any assault or overt act attributed against the petitioner rather there is general and omnibus allegation against all the accused persons, including the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sasaram at Rohtas, in connection with Sasaram Town (Darigaon) P.S. Case
Patna High Court CR. MISC. No.36339 of 2025(3) dt.28-07-2025 3/3 No.1054 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. 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. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) sharun/- U T