Ram Babu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89793 of 2024 Arising Out of PS. Case No.-210 Year-2024 Thana- WARISNAGAR District- Samastipur ====================================================== Ram Babu Paswan S/o Kisunder Paswan R/o Vill- Mohiuddinpur, P.S.- Warisnagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy,Adv.

For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-01-2025 Heard Mr. Dilip Kumar Roy, learned counsel for the petitioner and Mr. Md. Mustaque Alam, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Warisnagar P.S. Case No. 210/ 2024 dated 30.08.2024 registered for the offence(s) punishable under Section(s) 103(1) and 3(5) of the BNS.

3. The main submissions advanced by learned counsel for the petitioner are that the petitioner has fair and clean antecedent and as per the FIR, the main allegation as to assaulting at the vital part of the body of the deceased is against other co-accused persons who have been arrested and their prayer for regular bail is pending before the trial court and so far as this petitioner is concerned, he is simply arrayed in the FIR

Patna High Court CR. MISC. No.89793 of 2024(2) dt.08-01-2025 2/3 without disclosing any specific role in the commission of the alleged offence and the main injury which is said to be the cause of the death of the deceased is specifically attributed to coaccused, Kavita Devi and in between both the parties there is land dispute, in fact, the deceased was a heart patient and a regular drinker which might be the reason for his death on account of heart failure due to consuming toddy.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner and submitted that the instant matter relates to the unnatural death of informant's husband and the petitioner is named in the FIR.

5. Having considered the above submissions advanced by the petitioner's counsel and mainly taking into account the fact that against this petitioner there is no specific allegation in the FIR and the main allegation as to causing injury at the vital part of the body of the deceased is against other co-accused and the injury which is said to be the cause of the death of the deceased is specifically attributed to co-accused, Kavita Devi as per the FIR and also taking into account the petitioner's fair and clean antecedent, this court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the

Patna High Court CR. MISC. No.89793 of 2024(2) dt.08-01-2025 3/3 learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Warisnagar P.S. Case No. 210/ 2024 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 484(2) of the BNSS. (Shailendra Singh, J) BKS/- U T