Ganesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74191 of 2025 Arising Out of PS. Case No.-299 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== 1.
Ganesh Paswan Son of Late Mahendra Paswan Resident of Village nagar Panchayat Murliganj Ward no. 11, P.S. - Murliganj, District - Madhepura. 2.
Nitish Kumar Son of Ganesh Paswan Resident of Village nagar Panchayat Murliganj Ward no. 11, P.S. - Murliganj, District - Madhepura. 3.
Usha Devi W/o Ganesh Paswan Resident of Village nagar Panchayat Murliganj Ward no. 11, P.S. - Murliganj, District - Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad, Advocate Ms. Pooja Prasad, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-11-2025 Heard Mr. Uday Chand Prasad, learned counsel for the petitioners duly assisted by Ms. Pooja Prasad and the State, Mr. Abhay Kumar.
2. The petitioners are apprehending their arrest in connection with Murliganj P.S. Case No. 299 of 2023 for the offence under sections 341, 323, 384, 504, 506 and 34 of the Indian Penal Code lodged on 24.07.2023 by the informant, Bachneshwar Prasad Paswan.
3. As per the prosecution story, the informant alleged that as he was going towards the market, the accused persons (petitioners herein) surrounded the house and after abuse,
Patna High Court CR. MISC. No.74191 of 2025(2) dt.19-11-2025 2/3 allegation is that asking him to pay extortion of Rs. 50,000/- and putting pistol on his ear, they threatened him of dire consequences. As the locals assembled, they left the place. This led to the FIR.
4. Learned counsel for the petitioners submit that it is an offshoot of Title Suit No. 168 of 2022 pending before the Court of Sub Judge Senior Division, Madhepura. Further, a perusal of the FIR would show that even female inmates have been implicated.
5. Learned APP opposes the prayer submitting that the allegation of extortion/threatening is/are also there.
6. Taking into account the submissions of the parties as also that the Title suit is pending before the parties, FIR is there and they shall be facing the music, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned C.J.M., Madhepura in connection with Murliganj P.S. Case No. 299 of 2023 subject to the conditions as
Patna High Court CR. MISC. No.74191 of 2025(2) dt.19-11-2025 3/3 laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Adnan/- U T