Devkaran Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38978 of 2025 Arising Out of PS. Case No.-176 Year-2024 Thana- SAMASTIPUR District- Samastipur ====================================================== Devkaran Paswan son of Shivkaran Paswan Resident of village -Hasanpur (jitwarpur), PS- Samastipur Town Dist -Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bikram Vishal Kumar, Adv.

For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2025 Heard learned counsel for the petitioner and Ms. Renu Kumari, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Samastipur Town P.S. Case No. 176 of 2024, instituted for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 76 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons assaulted brother of the informant at the instigation of his sister-in-law, Najhat Praveen. It is further alleged that the accused persons intruded in his house and outraged the modesty of his sister-in-law, Rehana and also threatened her.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.38978 of 2025(2) dt.26-06-2025 2/3 petitioner is innocent and he has been falsely implicated in the present case with false and frivolous allegations as also due to dirty local politics. Learned counsel for the petitioner also submits that there is delay of one week in lodging the FIR. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged occurrence. It is further submitted that the injury received by the injured is simple in nature. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application. Charge-sheet has been submitted in this case.

5. Learned counsel for the petitioner further submits that the co-accused Sanjeev Kumar has been granted regular bail by this Court vide order dated 08.04.2025 passed in Cr. Misc. No. 1312 of 2025.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The petitioner is named in the F.I.R. and, hence, he does not deserve bail.

7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the

Patna High Court CR. MISC. No.38978 of 2025(2) dt.26-06-2025 3/3 learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Samastipur Town P.S. Case No. 176 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Rudra Prakash Mishra, J) rishi/- U T