Bhushan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48291 of 2025 Arising Out of PS. Case No.-13 Year-2024 Thana- Bariyarpur District- Muzaffarpur ====================================================== 1.

Bhushan Paswan S/O Jangali Paswan R/O village- Paigamberpur, P.s.- Bariyarpur, District- Muzaffarpur 2.

Sarmila Devi W/O Ranjeet Paswan R/O village- Paigamberpur, P.s.- Bariyarpur, District- Muzaffarpur 3.

Ajay Paswan S/O Sonelal Paswan R/O village- Paigamberpur, P.s.- Bariyarpur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend arrest in connection with Bariyarpur P.S. Case No. 13 of 2024, registered under Sections 302, 147 and 149 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioners along with other co-accused persons have committed murder of the husband of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.48291 of 2025(2) dt.16-07-2025 2/3 present case. Learned counsel for the petitioners also submits that there is delay of five days in lodging the FIR. The petitioners are pattidar and have got no concern with the family affairs of the informant as well as co-accused persons. It is next submitted that the allegation levelled against the petitioners are general and omnibus in nature. The petitioners have got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners and submits that the petitioners are named in the FIR and there is direct and specific allegation against the petitioners of committing murder of the deceased which is corroborated by the medical report. It is further submitted that regular bail of similarly situated coaccused have been rejected by this Court vide order dated 13.11.2024 passed in Cr. Misc. No. 57583 of 2024. Hence, the petitioners do no deserve the privilege of anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case, nature and gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioners.

7. The prayer is rejected. However, the petitioners are directed to surrender in the Court below and pray for regular bail. If any such application is filed, the Court below shall

Patna High Court CR. MISC. No.48291 of 2025(2) dt.16-07-2025 3/3 consider and dispose of the same on its own merit without being prejudiced by this order.

(Rudra Prakash Mishra, J) Rajorshi/- U T