Akash Paswan @ Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91483 of 2025 Arising Out of PS. Case No.-575 Year-2025 Thana- KOTWALI District- Patna ====================================================== Akash Paswan @ Akash Kumar S/O Sanjeet Paswan @ Chamanni R/O Mohalla-Kamla Nehru Nagar, PS-Kotwali, Distt-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranaya Shankar Sinha For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-01-2026

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 115(2), 126(2), 76, 352, 351(2), 351(3), 3(5) of the B.N.S. and Section 37 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the informant alleges that on 27.09.2025 at 8.30 P.M., she was returning home after closing her vegetable shop, when Sanjit Paswan in an intoxicated condition came and started abusing her thereafter petitioner also arrived and kicked her in her stomach.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the

Patna High Court CR. MISC. No.91483 of 2025(2) dt.12-01-2026 2/3 informant. It is next submitted that the informant does not allege that petitioner also was in an intoxicated condition rather petitioner has been implicated merely for the reason that he is son of Sanjit Paswan. It is further submitted that petitioner and the informant are agnates.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Special Case No.1522 of 2025 arising out of Kotwali P. S. Case No.575 of 2025, subject to the conditions laid down under Section 482(2) of the BNSS.

7. The application stands allowed.

8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is

Patna High Court CR. MISC. No.91483 of 2025(2) dt.12-01-2026 3/3 found that petitioner has antecedent of more than two cases, then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner has antecedent of two cases only, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) vikash/- U T