Mohan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48236 of 2025 Arising Out of PS. Case No.-163 Year-2024 Thana- VISHNUPAD District- Gaya ====================================================== Mohan Paswan S/o- Uday Paswan R/o- Ram Sagar Pipe Gali Ps- Vishnupad Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the State :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-08-2025 Heard Mr. Praveen Kumar, learned counsel for the petitioner and Mr. Abhay Kumar, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Vishnupad P.S. Case No. 163 of 2024, F.I.R. dated 27.05.2024 registered for the offences punishable under Sections 341, 323, 504, 506, 379, 307 and 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he has assaulted to the informant with the butt of katta with intention to kill him due to which he sustained grievous injury.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. and co-accused person namely Govinda Paswan @ Govinda Kumar and others

Patna High Court CR. MISC. No.48236 of 2025(2) dt.06-08-2025 2/2 have been granted the privilege of anticipatory bail by a Coordinate Bench of this Court vide order dated 15.05.2025 passed in Cr. Misc. No. 89380 of 2024.

5. Learned APP for the State, on the other hand, opposed the prayer for anticipatory bail of the petitioner and submits that the persons who have been granted bail by a Coordinate Bench of this Court against whom there is no specific allegation against them and there is specific allegation against the petitioner that he has assaulted to the injured person and the injury report of the injured person suggests that the injury is grievous in nature.

6. Considering the aforesaid facts and circumstances of the case as well as there is direct and specific allegation against the petitioner in the F.I.R. and the injury report of the injured person is grievous in nature, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Vishnupad P.S. Case No. 163 of 2024 pending in the Court of learned Judicial Magistrate 1st Class, Gaya.

7. Prayer is refused.

Ibrar//- (Rajesh Kumar Verma, J) U T