Parmeshwari Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80163 of 2025 Arising Out of PS. Case No.-212 Year-2018 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.

Parmeshwari Paswan S/O Anuplal Paswan @ Anup Paswan R/O Vill.- Gonaha, Ward No. - 12, P.S. - Triveniganj, District - Supaul, State - Bihar. 2.

Yugeshwar Paswan @ Guneshwar Paswan @ Gureshwar Paswan S/O Khushilal Paswan R/O Vill.- Gonaha, Ward No. - 12, P.S. - Triveniganj, District - Supaul, State - Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 06-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered under Sections 188, 353 and 34 of the Indian Penal Code.

3. As per prosecution case, petitioners have again encroached and violated the earlier order of concerned authority with respect to removal of encroachment.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Further submission is that petitioners have never encroached upon the government land and the allegation against them are general in nature. Section 353 of I.P.C. is not applicable in this case. Investigation has already been completed and charge-sheet has been submitted. There is no requirement of

Patna High Court CR. MISC. No.80163 of 2025(2) dt.06-01-2026 2/2 any custodial interrogation of the petitioners. Similarly situated co-accused Mahendra Paswan has already been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 20.08.2025 passed in Cr. Misc. No. 34635 of 2025. Petitioners have no criminal antecedent. They undertake to cooperate in the trial.

5. Learned A.P.P. appearing on behalf of the State opposed the bail application.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.-I, Supaul in connection with Triveniganj P.S. Case No. 212/2018, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

(Sunil Dutta Mishra, J) utkarsh/- U T