Mahesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81964 of 2025 Arising Out of PS. Case No.-319 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Mahesh Paswan son of Late Jhangat Paswan @ Jhangar Paswan Resident of village- Semra, Belwatiya Ward no. 10 Ps- Turkauliya, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar For the Opposite Party/s :
Dr. Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 02-12-2025 Heard learned Advocate for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Turkauliya P.S. Case No. 319 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 34 of the Indian Penal Code.
3. Based upon a complaint case, the present FIR has been instituted with an allegation against co-accused persons, including the petitioner of causing assault and abusing. It is specifically alleged that co-accused Munni Devi gave Mungri blow on the stomach of the complainant with intention to kill her baby in her womb. Co-accused Naresh Paswan gave iron blow on the head of the informant's mother, besides other
Patna High Court CR. MISC. No.81964 of 2025(2) dt.02-12-2025 2/3 allegation of snatching valuables against Sapana Kumari and Munni Devi.
4. Learned Advocate for the petitioner contended that besides the omnibus allegation against the petitioner, there is inordinate delay of 35 days in filing of the complaint case without there being any plausible explanation. The genesis of the occurrence is a land dispute and the parties are bickering over it. Even if the allegation is taken to be true for the sake of argument, there is no specific allegation attributed against the petitioner. Moreover, the petitioner is a septuagenarian, having fair incident and undertakes that he will fully co-operate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State submits that the petitioner has actively participated in the crime and with respect to the FIR, which was instituted in the year 2023, the anticipatory bail has been filed in the year 2025.
6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the inordinate delay of inquiring of the complaint case coupled with the nature of accusation against the petitioner, besides his fair antecedent, let, the above named petitioner, be released on bail, in the event of his arrest or surrender before the
Patna High Court CR. MISC. No.81964 of 2025(2) dt.02-12-2025 3/3 learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Turkauliya P.S. Case No. 319 of 2023, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) shailendra/- U T