Golu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64582 of 2025 Arising Out of PS. Case No.-206 Year-2025 Thana- PAHARPUR District- East Champaran ====================================================== Golu Paswan Son of Harilal Paswan Resident of Village - Sareya, Turkauliya, P.S.- Paharpur, District - East Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Paharpur P.S. Case No. 206 of 2025 registered for the offences punishable under Sections 111(3), 317(2), 317(5) of the BNS, 2023.

3. As per prosecution case, one of the co-accused, namely, Rajan Giri was apprehended along with motorcycle and two persons are said to have fled away from the spot. Apprehended co-accused Rajan Giri disclosed the name of petitioner and other who fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. Learned counsel further submits that petitioner is

Patna High Court CR. MISC. No.64582 of 2025(2) dt.17-09-2025 2/3 student of Intermediate and there was petty dispute between petitioner and co-accused Rajan Giri due to which said Rajan Giri threatened the petitioner to face dire consequences. He further submits that name of the petitioner has been intentionally disclosed by co-accused Rajan Giri just to implicate the petitioner in a false case. Except disclosure of coaccused Rajan Giri, there is nothing on record to connect the present petitioner with the alleged occurrence. No incriminating article has been recovered from possession of the petitioner. Apart from that, petitioner bears no criminal antecedent. It has been orally submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that petitioner is named in the FIR and he cannot escape from the allegation made in the prosecution story.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be

Patna High Court CR. MISC. No.64582 of 2025(2) dt.17-09-2025 3/3 released on anticipatory 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 Additional Chief Judicial Magistrate-9, Motihari, East Champaran/ Successor Court in connection with Paharpur P.S. Case No. 206 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S.

7. The application stands allowed.

8. However, it is made clear that if the investigating Officer of the case files an application before the learned trial court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Alok Kumar Pandey, J) shahzad/- U T