Uday Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90255 of 2025 Arising Out of PS. Case No.-239 Year-2025 Thana- RAJAON District- Banka ====================================================== Uday Paswan, S/o- Late Ramdhani Paswan, R/v- Anandpur Ps- Rajoun DistBanka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Balram Kapri, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 20-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner apprehends his arrest in connection with Rajoun P.S. Case No. 239 of 2025 registered for the offences under Sections 115(2), 126(2), 351(2), 303(2), 110, 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the informant has alleged that the named accused persons, including the petitioner, entered the house of the informant and abused her and when the informant protested, the petitioner assaulted her with lathi and rod. Even the sons of the informant, namely, Sudama Kumar and Kundan Kumar, were assaulted.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on account of

Patna High Court CR. MISC. No.90255 of 2025(3) dt.20-02-2026 2/3 personal dispute with the informant, who happens to be next door neighbour, as also agnates of the petitioner. It has further been submitted that the allegations of snatching away silver chain, etc., are superficial in nature and moreover, the FIR was lodged as an afterthought merely to implicate the petitioner after six days of the occurrence. It has next been submitted that from the perusal of the injury report, it would be evident that the injuries are said to be simple in nature. It has lastly been submitted that the petitioner has clean antecedent.

5. Learned APP for the State has opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Rajoun P.S. Case No. 239 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S.

Patna High Court CR. MISC. No.90255 of 2025(3) dt.20-02-2026 3/3 as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.

(ii) The petitioner shall remain physically present in Court on each date of the trial.

(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.

7. Accordingly, the prayer for anticipatory bail is allowed.

8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) manoj/- U T