Lakhindra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83860 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- SARAIYA District- Muzaffarpur ====================================================== Lakhindra Paswan S/O Late Harihar Paswan Resident of Village- Saraiya Factory, P.S.- Saraiya, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bipin Chandra For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita.

3. As per the prosecution case, informant, namely Urmila Devi, alleged that on 30.11.2024, her daughter went to attend class but did not return home. During search, informant came to know that all the F.I.R. named accused persons, including this petitioner, kidnapped her daughter. It is further alleged that when informant went to the house of the accused persons then all the accused persons abused and assaulted her.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.83860 of 2025(2) dt.09-02-2026 2/3 petitioner is innocent and has committed no offence. Petitioner has been made accused in this case merely because he happens to be father of co-accused Ratan Kumar against whom there is specific accusation of kidnapping the daughter of informant. Moreover, the present F.I.R. has been lodged after inordinate delay of 32 days for which there is no plausible explanation which itself creates doubt over the entire prosecution case. It is further submitted that co-accused Manju Devi, having similar and identical allegations, has already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 22.07.2025 passed in Cr. Misc. No. 27943 of 2025. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs.

Patna High Court CR. MISC. No.83860 of 2025(2) dt.09-02-2026 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Muzaffarpur (West) in connection with Saraiya P.S. Case No. 04 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) shashank/- U T