Rajesh Kumar Paswan @ Rajesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49715 of 2024 Arising Out of PS. Case No.-72 Year-2020 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Rajesh Kumar Paswan @ Rajesh Paswan S/o Naresh Paswan R/o VillageJamini, P.S.-Jagdishpur(Bypass), District-Bhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Pushpa Devi W/o Mithlesh Paswan R/o Village-Kharwa, p.S.- sahayak(Bypass), District-Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Munish Kumar, Adv.
For the State :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner apprehends his arrest in connection with Jagdishpur (Bypass) P.S. Case No. 72 of 2020, registered for the offences punishable under Sections 341, 323, 354, 504, 506, 366(A)/34 of the Indian Penal Code and subsequently added Section 376 of the IPC and Section 4 of the POCSO Act.
3. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated merely because he is own brother of co-accused Sunny Kumar.
4. At the very outset, the learned APP for the State, Mr. Shailendra Kumar, has submitted that the processes under Sections 82 and 83 of the Cr.P.C. has been issued, as such, the petitioner is not entitled for anticipatory bail.
Patna High Court CR. MISC. No.49715 of 2024(6) dt.16-09-2025 2/2
5. In view of aforesaid submission, this anticipatory bail petition is dismissed, in the light of recent decision in the case of Prem Shankar Prasad vs. The State of Bihar and Another (2021 SCC online SC 955).
6. If the petitioner surrenders and files regular bail petition before the court below, that shall be disposed of expeditiously on its own merit, without being prejudiced by this order.
(Nawneet Kumar Pandey, J) Nirmal/- U T