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2025 DAILYLAW 9357 (PAT)

Prasadi Paswan v. The State of Bihar

CR. MISC./4776/2025 · 2025-02-25

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4776 of 2025 Arising Out of PS. Case No.-184 Year-2024 Thana- CHAKAI District- Jamui ====================================================== 1. Prasadi Paswan S/o Late Masuoudhi Paswan R/o vill - Balagoji, Post- Urwa, P.s.- Chakai, Distt.- Jamui 2. Belu Paswan @ Khelu Paswan @ Kaillash Paswan S/o Bhim Paswan R/o vill - Balagoji, Post- Urwa, P.s.- Chakai, Distt.- Jamui 3. Praveen Paswan @ Praveen Kumar S/o Prasadi Paswan R/o vill - Balagoji, Post- Urwa, P.s.- Chakai, Distt.- Jamui 4. Dipal Paswan @ Diplal Hajra @ Diplal Paswan S/o Raghunath Hajra R/o vill - Bagha, Post- Urwa, P.S - Chakai, Distt.- Jamui 5. Sanjay Paswan S/o Huro Paswan R/o vill - Balagoji, Post- Urwa, P.s.- Chakai, Distt.- Jamui 6. Raju Paswan S/o Huro Paswan R/o vill - Balagoji, Post- Urwa, P.s.- Chakai, Distt.- Jamui 7. Ganauri Paswan S/o Chudaka Paswan @ Kaleshwar Paswan R/o vill - Balagoji, Post- Urwa, P.s.- Chakai, Distt.- Jamui 8. Manoj Paswan S/o Hublal Paswan @ Hagan Paswan R/o vill - Balagoji, Post- Urwa, P.s.- Chakai, Distt.- Jamui ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Pankaj Kumar Sinha, Advocate For the State : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 25-02-2025 Heard learned counsels for the parties. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 191(2), 190, 221, 223(b), 127(2), 121(1), 132, 195(1) and 352 of the B.N.S.. 3. As per prosecution case, it is alleged that all the Patna High Court CR. MISC. No.4776 of 2025(2) dt.25-02-2025 2/3 F.I.R. named accused persons, including these petitioners and 80-90 unknown persons, created chaos, obstructed the national highway and also damaged public property. 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have committed no offence. There are general and omnibus allegations and there is no specific accusation of overt act against these petitioners. As a matter of fact, petitioners have falsely been implicated in this case due to political rivalry. Placing heavy reliance upon judgment of the Hon’ble Apex Court passed in the case of Prabhakar Tewari versus State of Uttar Pradesh and Another reported in (2020) 11 SCC 648, learned counsel further submits that criminal antecedents cannot be the sole criteria for refusal of anticipatory bail. 5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. and there is specific and direct accusation that they, along with other accused persons, blocked the road, damaged public property and also obstructed police officials from discharging their duties. It is further submitted that petitioners have also got criminal antecedents. Patna High Court CR. MISC. No.4776 of 2025(2) dt.25-02-2025 3/3 6. Considering the aforesaid facts and circumstances, specific and direct nature of accusation that these petitioners, who are having criminal antecedents, along with other accused persons, blocked the road, damaged public property and obstructed police officials from discharging their duties, which has become rampant in the State of Bihar, the prayer for grant of anticipatory bail to the petitioners is rejected. shashank/- (Prabhat Kumar Singh, J) U T