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Patna High CourtCR. MISC./47267/2025bail rejected

Verma Paswan v. The State Of Bihar

2025-07-30Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47267 of 2025 Arising Out of PS. Case No.-290 Year-2024 Thana- RAMGARHWA District- East Champaran ====================================================== Verma Paswan S/O Late Kari Paswan Resident of Village- Chamapur, P.S.- Ramgarhwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjani Kumar Jha, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Ramgarhwa P.S. Case No.290 of 2024 lodged on 11.11.2024, for the offence punishable under Sections 127(1), 115(2), 117(2), 109, 74, 303(2), 352 & 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending in the Court of S.D.J.M., Raxaul, East Champaran at Motihari.

3. As per the prosecution, FIR has been lodged against 7 named accused persons including the present petitioner. It has been alleged in the FIR that all the accused persons came and started abusing the informant and when the informant raised

Patna High Court CR. MISC. No.47267 of 2025(2) dt.30-07-2025 2/3 objection, all the accused persons assaulted her due to which she sustained injury on her head. When informant's son came to rescue then accused persons namely, Sharma Paswan and Verma Paswan (petitioner) assaulted him with lathi due to which his hand got fractured. Accused persons snatched mangalsutra from the informant and cash from the son of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the petitioner has falsely been implicated in this case. Counsel submits that for the same date and place of occurrence, there is a case and counter case i.e. one case has been lodged from the petitioner's side bearing Ramgarhwa P.S. Case No.291 of 2024 and the present case has been lodged from the informant's side bearing Ramgarhwa P.S. Case No.290 of 2024 and injury has been caused to both the sides. Counsel further submits that the petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is specific allegation in the FIR against the petitioner of assault.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected

Patna High Court CR. MISC. No.47267 of 2025(2) dt.30-07-2025 3/3 with liberty that if, petitioner surrenders before the concerned Trial Court within a period of six weeks from today then in that case, the Trial Court is directed to pass order on his surrendercum-bail application on the same day considering that there is a case and counter case from both the sides, without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case.

(Dr. Anshuman, J) Divyansh/- U T