Saheb Paswan Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29261 of 2025

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Arising Out of PS. Case No.-162 Year-2024 Thana- MALI District- Aurangabad

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

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Saheb Paswan S/o Late Marachhu Paswan R/o Village- Chandpur Bhautaulia, P.S.- Mali, District- Aurangabad (Bihar)

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Santosh Kumar Pandey, Advocate For the State : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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2 12-05-2025

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

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The petitioner seeks bail, apprehending his arrest, in connection with Mali P.S. Case No.162 of 2024, dated.13.08.2024 registered for the offences punishable under Sections 191(2), 190, 223, 126(2), 115(2), 132 of B.N.S., 2023.

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As per allegation, the FIR has been lodged against 30 accused persons including the petitioner for causing obstruction in discharge of public duty of the L.R.D.C.

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Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is a 75 year old man and he has nothing to do with the alleged offence.

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It is also stated in paragraph no. 2 of the bail

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Patna High Court CR. MISC. No.29261 of 2025(2) dt.12-05-2025 2/3

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petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

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It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

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However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

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Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Mali P.S. Case No.162 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

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(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the

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Patna High Court CR. MISC. No.29261 of 2025(2) dt.12-05-2025 3/3

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same.

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(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.

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(Jitendra Kumar, J)

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chandan/-

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U

Saheb Paswan v. The State of Bihar

Case brief

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Saheb Paswan v. The State of Bihar

Case brief

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