Sahendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35026 of 2025 Arising Out of PS. Case No.-34 Year-2025 Thana- HASPURA District- Aurangabad ====================================================== 1.
Sahendra Paswan son of Vineshwar Paswan village- Raghunathpur Bigha, Ps- Haspura Dist- Aurangabad 2.
Chandan Paswan @ Chandan Kumar Son of Bhola Paswan villageRaghunathpur Bigha, Ps- Haspura Dist- Aurangabad 3.
Kanchan Kumar @ Kanchan Paswan son of Bhola Paswan villageRaghunathpur Bigha, Ps- Haspura Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jyoti Prasad, Advocate For the Opposite Party/s :
Mr.Satyendra Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-05-2025 Learned counsel for the petitioner is permitted to make necessary correction in Paragraph 1 of the instant bail petition filed on behalf of the petitioner during the course of the day.
2. Heard learned counsel for the petitioners and learned A.P.P. for the State.
3. The petitioners are apprehending their arrest in connection with Haspura P.S. Case No. 34 of 2025 registered for the offences punishable under Sections 103(1), 80(2), 238, 3(5) of the BNSS.
4. As per prosecution case, the marriage of
Patna High Court CR. MISC. No.35026 of 2025(2) dt.22-05-2025 2/3 informant's daughter was solemnized with co-accused Subalal Paswan. It is alleged that victim was killed by her husband and her family members including the petitioners and dead body was cremated with intention to conceal evidence of crime.
5. Learned counsel for the petitioners submits through paragraph 8 of the instant bail petition that petitioners are distant relatives of the son-in-law of informant and they have no say in family affairs of the deceased. He further submits that petitioners are living separately from the deceased and her husband. He further submits that there is general and omnibus allegation of assault and torture against the petitioners. He further submits that no specific overt-act has been attributed against the petitioners. They have nothing to do with the alleged occurrence. Petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. Petitioners bear no criminal antecedent. Learned counsel submits that petitioners will not abscond rather will cooperate in the investigation to prove their innocence.
6. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
7. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, petitioners
Patna High Court CR. MISC. No.35026 of 2025(2) dt.22-05-2025 3/3 are the distant relatives and they have no say in the family affairs of the deceased, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Haspura P.S. Case No. 34 of 2025, subject to the conditions as laid down under Section 482 (2) of BNSS.
8. The application stands allowed.
9. However, it is made clear that if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioners despite giving assurance to this Court are not co-operating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioners.
(Alok Kumar Pandey, J) alok/- U T