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Bablu Paswan Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

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Patna HC
2025
Bablu Paswan Vs The State of BiharBablu Paswan v. The State of Bihar

Dismissed¶23

Bablu Paswan v. The State of Bihar

Patna HC10 Apr 2025CR. MISC./15257/2025

Case brief

AI extract

What is this about?

Bablu Paswan v. The State of Bihar — Patna High Court, Criminal Miscellaneous No.15257 of 2025, decided 10-04-2025 by Rajesh Kumar Verma, J (oral order). Anticipatory bail application regarding Ara Mufassil P.S. Case No. 433 of 2022 (F.I.R. dated 15.12.2022), offences under Sections 341, 323, 302, 34 IPC; alleged iron-rod assault on the informant's husband, who died during treatment; specific FIR allegation backed by medical evidence; anticipatory bail refused on account of the nature of the allegation; case pending before CJM, Bhojpur at Ara. Keywords: anticipatory bail refusal; IPC 302 murder; Patna High Court; Bhojpur; Ara Mufassil.

What did the court decide?

Considering the nature of the allegation against the petitioner, the Court was not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Ara Mufassil P.S. Case No. 433 of 2022 pending in the Court of the Chief Judicial Magistrate, Bhojpur at Ara.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, Bablu Paswan, who is apprehending arrest in Ara Mufassil P.S. Case No. 433 of 2022 (F.I.R. dated 15.12.2022) for offences punishable under Sections 341, 323, 302, 34 of the Indian Penal Code. +1 more

Court's answer

Considering the nature of the allegation against the petitioner, the Court was not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Ara Mufassil P.S. Case No. 433 of 2022 pending in the Court of the Chief Judicial Magistrate, Bhojpur at Ara.

Ratio / Principle

The petitioner's prayer (for anticipatory bail) was refused.

Detailed headnote1 paragraphs

Anticipatory bail — refusal. Petitioner Bablu Paswan, apprehending arrest in Ara Mufassil P.S. Case No. 433 of 2022 (F.I.R. dated 15.12.2022) under Sections 341, 323, 302 and 34 IPC, was alleged, along with co-accused persons, to have assaulted the husband of the informant with an iron rod on his head; the injured person died during treatment. The learned A.P.P. opposed bail, pointing to a specific allegation in the FIR supported by medical evidence; counsel for the petitioner pleaded clean antecedents and false implication. Considering the nature of the allegation, the Court (Rajesh Kumar Verma, J) was not inclined to grant anticipatory bail and refused the prayer; the case remains pending before the Chief Judicial Magistrate, Bhojpur at Ara.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15257 of 2025

Arising Out of PS. Case No.-433 Year-2022 Thana- ARA MUFFSIL District- Bhojpur

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

Bablu Paswan Son of Ram Iswar Paswan Resident of - Sobhi Dumra, P.S.Ara Mufassil, District - Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Shiv Prasad Gupta, Advocate For the State : Mr. Bhanu Pratap Singh, APP

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

CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 10-04-2025

Heard Mr. Shiv Prasad Gupta, learned counsel for

the petitioner and Mr. Bhanu Pratap Singh, learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Ara Mufassil P.S. Case No. 433 of 2022, F.I.R. dated 15.12.2022 for the offences punishable under Sections 341, 323, 302, 34 of the Indian Penal Code.

As per prosecution case, the petitioner along with other co-accused persons is said to have assaulted the husband of the informant with an iron rod on his head, due to which he got badly injured and he died during the treatment.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in this case. He further submits that the

Patna High Court CR. MISC. No.15257 of 2025(2) dt.10-04-2025 2/2

allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R.

Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that from the perusal of the FIR, it appears that the petitioner has assaulted the husband of the informant with an iron rod on his head and he died during the treatment. He further submits that there is specific allegation against the petitioner in the FIR supported by medical evidence.

Considering the nature of allegation against the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Ara Mufassil P.S. Case No. 433 of 2022 pending in the Court of learned Chief Judicial Magistrate, Bhojpur at Ara.

Prayer is refused.

(Rajesh Kumar Verma, J)

priyanka/-

U T

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether anticipatory bail should be granted to the petitioner, Bablu Paswan, who is apprehending arrest in Ara Mufassil P.S. Case No. 433 of 2022 (F.I.R. dated 15.12.2022) for offences punishable under Sections 341, 323, 302, 34 of the Indian Penal Code.¶16
The court held
Considering the nature of the allegation against the petitioner, the Court was not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Ara Mufassil P.S. Case No. 433 of 2022 pending in the Court of the Chief Judicial Magistrate, Bhojpur at Ara.ratio¶22
2.
Whether the nature of the allegation against the petitioner — a specific allegation in the FIR, supported by medical evidence, that he assaulted the informant's husband with an iron rod on the head, leading to death during treatment — warranted refusal of anticipatory bail.medium confidence¶21

Statutes considered

4 provisions across 1 enactments

AI extract

Indian Penal Code341¶16 323¶16 302¶16 34¶16

Procedural history

How this case reached the court

AI extract

Prior proceeding
F.I.R. dated 15.12.2022 instituted as Ara Mufassil P.S. Case No. 433 of 2022 (District Bhojpur) for offences punishable under Sections 341, 323, 302, 34 IPC; the petitioner is apprehending arrest therein.¶16
Prior proceeding
Prosecution case: the petitioner, along with other co-accused persons, is said to have assaulted the husband of the informant with an iron rod on his head; the injured person died during treatment.¶17
Prior proceeding
The underlying case is pending before the Chief Judicial Magistrate, Bhojpur at Ara.¶22

Parties & counsel

AI extract

petitioner
Bablu Paswan¶4
Shiv Prasad Gupta
respondent
The State of Bihar¶7
Bhanu Pratap Singh

Coram

AI extract

Rajesh Kumar Vermaauthor¶12

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 10 Apr 2025 · April
Registered: 28 Feb 2025
Case no.: CR. MISC./15257/2025
CNR: BRHC010179592025
Topic: Murder and Culpable Homicide
Bench: Rajesh Kumar Verma
Disposal: REJECTED
Case type: Criminal Miscellaneous

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Cite this judgement

Bablu Paswan v. The State of Bihar, CR. MISC./15257/2025 (PAT), decided on 10 April 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes4

Indian Penal Code341 · 323 · 302 · 34

View all statutes

Procedural history3

F.I.R. dated 15.12.2022 instituted as Ara Mufassil P.S. Case No. 433 of 2022 (District Bhojpur) for offences punishable under Sections 341, 323, 302, 34 IPC; the petitioner is apprehending arrest therein.
Prosecution case: the petitioner, along with other co-accused persons, is said to have assaulted the husband of the informant with an iron rod on his head; the injured person died during treatment.

View full history

Bench / Coram

Rajesh Kumar Verma

Parties & counsel