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2025 DAILYLAW 37770 (PAT)

Biranjan Paswan v. The State of Bihar

CR. MISC./27378/2025 · 2025-07-22

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27378 of 2025 Arising Out of PS. Case No.-602 Year-2024 Thana- SHERGHATI District- Gaya ====================================================== 1. Biranjan Paswan S/o Late Chalitar Paswan R/o Village- Fitkichak, P.S.- Sherghati, District- Gaya 2. Parwati Kumari D/o Late Chalitra Paswan R/o Village- Fitkichak, P.S.- Sherghati, District- Gaya 3. Saraswati Kumari S/o Late Chalitra Paswan R/o Village- Fitkichak, P.S.- Sherghati, District- Gaya 4. Sanjay Paswan S/o Late Chalitra Paswan R/o Village- Fitkichak, P.S.- Sherghati, District- Gaya 5. Binita Devi D/o Ramashish Paswan R/o Village- Fitkichak, P.S.- Sherghati, District- Gaya 6. Ranjana Kumari @ Ranjani Kumari D/O Ramashish Paswan R/o Village- Fitkichak, P.S.- Sherghati, District- Gaya 7. Anjani Kumari D/O Ramashish Paswan R/o Village- Fitkichak, P.S.- Sherghati, District- Gaya 8. Soni Devi W/O Biranjan Paswan R/o Village- Fitkichak, P.S.- Sherghati, District- Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Ramakant Sharma, Sr. Advocate Mr. Mayank Ranj, Advocate For the State : Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 22-07-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 326G and 3(5) of the B.N.S.. 3. As per prosecution case, informant alleged that on Patna High Court CR. MISC. No.27378 of 2025(3) dt.22-07-2025 2/3 12.12.2024 at about 10 PM, all the F.I.R. named accused persons, including these petitioners, set her house on fire. 4. It is submitted by learned senior counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, father of Petitioner No. 1 purchased the land in question from one Daulti Dausad on 02.03.1983, however, the said Daulti Dausad executed a deed of cancellation on 25.03.1985 and thereafter, the informant started creating hindrance in peaceful possession of the land. Subsequently, Petitioner No. 1 filed a title suit bearing T.S. No. 904 of 2014 which is pending for adjudication before the learned Sub-Judge 1st, Gaya. On the alleged date and time of occurrence, the house which was constructed on the said land by the petitioners was set on fire by the informant’s side for which petitioners made a complaint before the police but no F.I.R. was lodged. It is further submitted that prior to the alleged occurrence, informant and others brutally assaulted these petitioners for which Sherghati P.S. Case No. 523 of 2024 was instituted against the informant and others. Petitioners claim clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the Patna High Court CR. MISC. No.27378 of 2025(3) dt.22-07-2025 3/3 petitioners. 6. Considering the facts and circumstances, nature of accusation, case and counter-case between the parties and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Sherghati, Gaya in connection with Sherghati P.S. Case No. 602 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T