Mahendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34635 of 2025 Arising Out of PS. Case No.-212 Year-2018 Thana- TRIVENIGANJ District- Supaul ====================================================== Mahendra Paswan Son of Anup Lal Paswan Resident of- Purandaha Ward No. 12, P.S.- Triveniganj District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Patla Kumari, Adv.

For the Opposite Party/s :

Mr. Nand Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Triveniganj P.S. Case No. 212/2018 registered for the offences punishable under Sections 188, 353 and 34 of the Indian Penal Code.

3. As per prosecution case, the order of removable of encroachment has been passed by the authority and there is allegation against the petitioner who has again encroached and violated the earlier order of concerned authority.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case by the informant alongwith others. He further submits that due to

Patna High Court CR. MISC. No.34635 of 2025(3) dt.20-08-2025 2/3 village politics, the FIR has been lodged against the petitioner and others to harass them. He further submits that the petitioner is aged about 67 years old and having no criminal antecedent. He further submits that the petitioner shall not abscond rather shall cooperate in the investigation to prove his innocence.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner is said to have participated in the alleged occurrence as alleged in the FIR.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Supaul in connection with Triveniganj P.S. Case No. 212/2018, subject to the conditions as laid down under Section 482(2) of the B.N.S.

7. The application stands allowed.

8. However, it is made clear that if the Investigating Officer of the case files an application before the learned trial

Patna High Court CR. MISC. No.34635 of 2025(3) dt.20-08-2025 3/3 court bringing to its notice that the petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bond of the petitioner.

(Alok Kumar Pandey, J) amitkumar/- U T