Uchit Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45142 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- RAHUI District- Nalanda ====================================================== 1.
Uchit Paswan S/o- Shravan Paswan Resident of Village- Rahui PS- Rahui District- Nalanda 2.
Laltus Paswan S/o- Late Bindeshwar Paswan Resident of Village- Rahui PSRahui District- Nalanda 3.
Shyam Kishor Paswan S/o- Late Ram Bilas Paswan Resident of VillageRahui PS- Rahui District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Prasad For the Opposite Party/s :
Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 01-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Rahui P.S. Case no. 18 of 2025 instituted for the offence punishable under Sections 341, 452, 323, 354B, 313/34 of the Indian Penal Code.
3. As per allegation in the FIR, on the alleged date of occurrence, FIR named accused persons came to the door of the informant's house and started to defame his wife by saying absurd and objectionable words. It is further alleged that
Patna High Court CR. MISC. No.45142 of 2025(3) dt.01-08-2025 2/3 accused persons threatened the informant's husband to withdraw the earlier filed case. All accused persons entered into the house of the informant and assaulted her all family members. It is further alleged that Uchit Paswan and Gaurav Paswan kicked the informant into her stomach resulting into miscarriage of her five months pregnnency.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Specific allegation of assaulting the informant is against Shambhu Paswan and Gaurav Paswan and not against the petitioner. There is an unexplained delay of about eight months in lodging the FIR, which creates doubt over the authenticity of the prosecution story. From the impugned order, it appears that there is no medical report or any supporting medical document is produced to substantiate the claim of miscarriage. Moreover, petitioners have got no criminal antecedent.
5. Learned APP appearing for the State has opposed the prayer of Bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The
Patna High Court CR. MISC. No.45142 of 2025(3) dt.01-08-2025 3/3 petitioners are directed to surrender in the Court below within a period of four weeks from the date of receipt of this order and in the event of their arrest or surrender in connection with Rahui P.S. Case no. 18 of 2025, they will be enlarged on 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 CJM, Nalanda, Biharsharif subject to the conditions as laid down under section 482 of the BNSS.
(S. B. Pd. Singh, J) sushma/- U