Satrudhan Paswan @ Shatrudhan Paswan@ Satruhan Paswan Vs The… — Anticipatory Bail | Patna HC (2025)

Satrudhan Paswan @ Shatrudhan Paswan@ Satruhan Paswan Vs The… — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Conditional anticipatory bail in connection with Tekari P.S. Case No.161 of 2022: release upon arrest or surrender within six weeks on a bail-bond of Rs.10,000/- with two sureties of the like amount to the satisfaction of the learned A.C.J.M.-VIth, Gaya, subject to Section 438(2) CrPC conditions.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in Tekari P.S. Case No.161 of 2022 (Sections 147, 148, 149, 341, 323, 307 IPC), where counsel contends he is falsely implicated via general and omnibus allegations and similarly situated co-accused have already been granted anticipatory bail.

Court's answer

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

Ratio / Principle

The grant of anticipatory bail rested materially on parity: the Court considered the parties' submissions together with the fact that similarly situated co-accused persons had already been granted anticipatory bail, notwithstanding the learned A.P.P.'s opposition.

Detailed headnote1 paragraphs

Anticipatory bail – Section 438 CrPC – parity with co-accused. Sunil Dutta Mishra, J. (Patna High Court, CRIMINAL MISCELLANEOUS No.12046 of 2025, order dt. 04-04-2025) allowed anticipatory bail to Satrudhan Paswan @ Shatrudhan Paswan @ Satruhan Paswan apprehending arrest in Tekari P.S. Case No.161 of 2022 (Distt. Gaya), instituted under Sections 147, 148, 149, 341, 323 and 307 IPC, alleging a mob of 50–60 armed persons assaulted the informant's community and pelted stones. Despite the A.P.P.'s opposition, bail was allowed principally because similarly situated co-accused had already been granted anticipatory bail by this Court vide order dated 26.03.2025 in Cr. Misc. No. 4485 of 2025. Petitioner to be arrested/surrender within six weeks and furnish a bail-bond of Rs. 10,000/- with two like sureties before the learned A.C.J.M.-VIth, Gaya, subject to the Section 438(2) CrPC conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12046 of 2025

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

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

Satrudhan Paswan @ Shatrudhan Paswan@ Satruhan Paswan S/O Krishna Paswan R/O Village- Tepa, Police Station- Tekari, Distt.- 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. Ajit Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA

ORAL ORDER

2 04-04-2025 Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends 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 this petitioner 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.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to village and caste politics. There is general and omnibus allegation against the petitioner. Further submission is that though there is allegation of assault but there is no injury

Patna High Court CR. MISC. No.12046 of 2025(2) dt.04-04-2025 2/2

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. Petitioner has no criminal antecedent and he undertakes 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 petitioner be released on bail upon furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) 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 laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J)

utkarsh/-

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