Rajdeo Paswan @ Rajdev Paswan @ Rajdeo Kumar Vs The State of… — Anticipatory Bail | Patna HC (2025)

Rajdeo Paswan @ Rajdev Paswan @ Rajdeo Kumar Vs The State of… — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioners to be released on bail in the event of arrest or surrender before the Court below within six weeks, upon bail-bonds of Rs.10,000/- each with two sureties of the like amount, to the satisfaction of the learned A.C.J.M.-VIth, Gaya, in connection with Tekari P.S. Case No.161 of 2022, subject to the conditions of Section 438(2) CrPC.

Issue for consideration

Whether the petitioners, who apprehend arrest in connection with Tekari P.S. Case No.161 of 2022 (instituted under Sections 147, 148, 149, 341, 323 and 307 IPC), are entitled to anticipatory bail.

Court's answer

In the event of arrest or surrender before the Court below within six weeks, the petitioners are to be released on bail upon furnishing bail-bonds of Rs.10,000/- each with two sureties of the like amount, to the satisfaction of the learned A.C.J.M.-VIth, Gaya, in connection with Tekari P.S. Case No.161 of 2022.

Ratio / Principle

The grant of anticipatory bail rests on the Court's consideration of the submissions advanced by the parties and on the fact that similarly situated co-accused persons had already been granted anticipatory bail (parity).

Key takeaways

The release on bail is made subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.ratio¶22

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — PARITY WITH CO-ACCUSED: Petitioners Rajdeo Paswan and Nitish Paswan, apprehending arrest in Tekari P.S. Case No.161 of 2022 (District Gaya) instituted under Sections 147, 148, 149, 341, 323 and 307 IPC over an alleged armed assault by a mob of 50 to 60 persons, were allowed anticipatory bail: they are to be released in the event of arrest or surrender before the Court below within six weeks, on bail-bonds of Rs.10,000/- each with two sureties of the like amount, to the satisfaction of the learned A.C.J.M.-VIth, Gaya, subject to the conditions of Section 438(2) CrPC. The grant was founded on parity — similarly situated co-accused having already been granted anticipatory bail in Cr. Misc. No. 4485 of 2025 (order dated 26.03.2025).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11549 of 2025

Arising Out of PS. Case No.-161 Year-2022 Thana- TEKARI District- Gaya

======================================================

Rajdeo Paswan @ Rajdev Paswan @ Rajdeo Kumar Son of Shivpujan Paswan @ Sheopujan Paswan @ Shiv Pujan Paswan @ Sheo Pujan Paswan Resident of Village- Tepa, P.S.- Tekari, District- Gaya

Nitish Paswan @ Niteesh Paswan S/O Krishna Paswan Resident of VillageTepa, P.S.- Tekari, District- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Aryan Singh, Advocate For the Opposite Party/s : Mr. Mohammed Arif, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 04-04-2025

Heard learned counsel for the petitioners and

learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Tekari P.S. Case No.161 of 2022 instituted under Sections 147, 148, 149, 341, 323 and 307 of the Indian Penal Code.

As per the prosecution case, 50 to 60 accused persons including these petitioners armed with iron rod, sword, hockey sticks, danda etc. came and surrounded the informant and others belong to his community and started assaulting them. It is further alleged that the accused persons also pelted stones on the informant and others.

Patna High Court CR. MISC. No.11549 of 2025(2) dt.04-04-2025 2/3

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case due to village and caste politics. There is general and omnibus allegation against the petitioners. Further submission is that though there is allegation of assault but there is no injury report available on record to corroborate the same. Both the parties are co-villagers and they have compromised the present case (Annexure – P/3). It is lastly submits that similarly situated co-accused persons have already been granted anticipatory bail by this Court vide order dated 26.03.2025 passed in Cr. Misc. No. 4485 of 2025. Petitioners have no criminal antecedent and they undertake to cooperate in the investigation.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the submissions advanced on behalf of the parties and the fact that similarly situated co-accused persons have already been granted anticipatory bail, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail-bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M.-VIth, Gaya in connection with Tekari P.S.

Patna High Court CR. MISC. No.11549 of 2025(2) dt.04-04-2025 3/3

Case No.161 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J)

utkarsh/-

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