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Patna High CourtCR. MISC./51633/2025bail granted

Vikram Kumar Paswan v. The State Of Bihar

2025-08-11Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51633 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- MAHILA P.S. District- Samastipur ====================================================== Vikram Kumar Paswan S/o Rijhan Paswan R/o Village- Kusaiya, ward no 7, P.S.- Warish Nagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Advocate For the Opposite Party/s :

Ms.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner apprehends his arrest in connection with Mahila P.S. Case No. 07 of 2025 registered for the offences under Sections 126(2), 115(2), 74, 76, 78, 352, 351(2), 3(5) of the B.N.S.

3. As per the prosecution case, the informant has alleged that the petitioner and others variously armed with lathi, danda and iron rod, came there and brutally assaulted her and even tore her clothes. It is further submitted that the lady accused persons thereafter assaulted her and took away her mangalsutra.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.51633 of 2025(2) dt.11-08-2025 2/3 instant case. Further submission is that there is general and omnibus allegations levelled against the petitioner and from the reference made in the impugned order, it would be evident that there is no injury report on record which would corroborate the averments made in the FIR. It is next submitted that the specific allegation of assault is on the lady accused persons who held the informant by her hair and pulled her and the same was found not true during the course of investigation which also falsifies the prosecution story. Petitioner has no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Mahila P.S. Case No. 07 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S.

Patna High Court CR. MISC. No.51633 of 2025(2) dt.11-08-2025 3/3 as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.

(ii) The petitioner shall remain physically present in Court on each date of the trial.

(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. Accordingly, the prayer for bail is allowed. (Sourendra Pandey, J) tusharika/- U T