Raj Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90129 of 2025 Arising Out of PS. Case No.-85 Year-2024 Thana- COMPLAINT CASE - DANAPUR District- Patna ====================================================== Raj Kumar Paswan S/o Dharmu Paswan R/o vill and P.O. - Nagawa, P.s.- Naubatpur, Distt.- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sewati Devi W/o Late Bijendra Paswan R/o vill - Beerpur, P.s.- Naubatpur, Distt. - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP For the O.P. No.2 :

Mr. Arvind Kumar Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as also counsel for the O.P. No.2.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. 85(c) of 2024 in which cognizance of offence has been taken under Sections 147, 148, 341, 323, 325, 326, 354B, 504, 506 of the I.P.C.

3. As per the prosecution case, on 18-01-2024, 17 named accused and two unknown persons illegally entered her land and began erecting pillars. When she and other women objected, the accused abused, assaulted, and molested them. It is further alleged that Raj Kumar Paswan (the petitioner) hit

2/4 Sewati Devi with an iron rod causing a head fracture, while others beat the women and snatched gold ornaments worth about Rs. 1.9 lakh.

4. Learned counsel for the petitioner submits that for same incident, earlier the F.I.R. was registered by the father-inlaw of the Complainant being Naubatpur P.S. Case No. 43 of 2024 in which the petitioner has already been granted provisional bail by the learned court below itself till submission of charge-sheet and, subsequently, after grant of bail in the F.I.R., the Informant has instituted the present complaint case in which the petitioner is presently seeking privilege of anticipatory bail. It is next submitted that both the parties are agnates.

Counsel for the petitioner gives an undertaking before this Court that the petitioner would not indulge himself in future in the similar issue and would also not pressurize the Informant for erecting pillar in his field and if such an allegation is made and the police finds substance in such allegation, the police as well as the Informant will be at liberty to take appropriate remedy for cancellation of the bail bonds of the petitioner.

3/4 of anticipatory bail is extended to him.

5. Pursuant to the notice issued by this Court, counsel for the O.P. No.2 has appeared and submits that the petitioner is an Ex-Mukhia and because of his influence, he had always been pressurizing the Informant and her family members for erecting a pillar in the field, which belongs to the Informant family.

6. Learned APP for the State opposes the prayer for grant of anticipatory bail.

7. Having heard learned counsel for the parties and taking into account the undertaking given by the petitioner as also the fact in the F.I.R. lodged for the same incident, the petitioner has already been granted privilege of provisional bail by the learned court below, this Court is inclined to grant privilege of anticipatory bail to the petitioner.

8. Accordingly, let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Danapur, Dist. Patna in connection with Complaint Case No. 85(c) of 2024, subject to the condition as laid down under Section 482(2)

4/4 of the B.N.S.S. as well as the following conditions: (i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document / personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) rishi/- U T