Mahavir Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Mahavir Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted: petitioner to be released on arrest or surrender before the Court below within four weeks, on bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM, Birpur, subject to Section 438(2) Cr.P.C. conditions; order stands cancelled automatically if antecedent verification reveals involvement in other cases as stated in Para 3 of the bail petition.

Issue for consideration

Whether the petitioner is entitled to pre-arrest bail in connection with Birpur P.S. Case No. 220 of 2024, registered for offences under Sections 341, 323, 324, 379, 354(B), 307, 504 and 506/34 of the Indian Penal Code.

Court's answer

Pre-arrest bail granted considering the nature of allegation made against the petitioner and that the injury sustained by the victim is simple in nature.

Ratio / Principle

Petitioner directed to be released on pre-arrest bail in the event of his arrest or surrender before the Court below within four weeks, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Birpur, subject to the conditions laid down under Section 438(2) Cr.P.C.

Key takeaways

Conditional safeguard: the District Court is directed to verify the petitioner's criminal antecedents, and if the petitioner is found involved in other cases as stated in Para 3 of the bail petition, this bail order will automatically lose its force.ratio¶22

Detailed headnote1 paragraphs

Patna High Court (Purnendu Singh, J.), oral order dated 09-05-2025 in Criminal Miscellaneous No.3800 of 2025, arising out of Birpur P.S. Case No.-220 of 2024, Thana Birpur, District Supaul (accused sought for offences under Sections 341, 323, 324, 379, 354(B), 307, 504 and 506/34 IPC; F.I.R. alleges assault on the informant with intention to kill): pre-arrest bail granted to petitioner Mahavir Paswan, considering the nature of allegation and that the injury sustained by the victim is simple in nature; release ordered upon arrest or surrender before the Court below within four weeks, on bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM, Birpur, subject to the conditions under Section 438(2) Cr.P.C.; District Court directed to verify the petitioner's criminal antecedents, failing which (if involvement in other cases as stated in Para 3 of the bail petition is found) the order automatically loses its force. Bail application disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3800 of 2025

Arising Out of PS. Case No.-220 Year-2024 Thana- BIRPUR District- Supaul

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

Mahavir Paswan Son of Late Saten Paswan Resident of Village - Koshikapur, Ward No.- 11, P.S.- Birpur, District - Supaul.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

For the Petitioner/s : Mr.Kamal Kishore Singh, Advocate. For the Opposite Party/s : Mr.Binod Kumar, APP. ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

3 09-05-2025

Heard Mr. Kamal Kishore Singh, learned counsel

appearing on behalf of the petitioner and Mr. Binod Kumar, learned APP for the State.

The petitioner seeks pre-arrest bail in connection with Birpur P.S. Case No. 220 of 2024 registered for the offence punishable under Sections 341, 323, 324, 379, 354(B), 307, 504 and 506/34 of the Indian Penal Code.

As per the allegation made in the F.I.R., accused persons including the petitioner with an intention to kill the informant assaulted him causing him injury.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the case due to dirty village politics. The injury sustained by the victim Kajal Kumari and the

Patna High Court CR. MISC. No.3800 of 2025(3) dt.09-05-2025 2/2

informant are simple in nature. The petitioner has clean antecedent.

Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

Considering the nature of allegation made against the petitioner and the injury sustained by the victim is simple in nature, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Birpur in connection with Birpur P.S. Case No. 220 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

The bail application stands disposed of.

(Purnendu Singh, J)

mantreshwar/- U