Patna High Court
Ram Babu PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties.
Summary
The petitioner, Ram Babu Paswan, sought bail in a case registered under Sections 69 and 352 of the Bihar Narcotic Substances Act, 2023, alleging that he had a physical relationship with the informant under a false promise of marriage and threatened to circulate her private photographs. The prosecution contended that the petitioner had been involved in such conduct since 2013 and presented a criminal antecedent. The petitioner argued that he was falsely implicated, highlighted inconsistencies in the informant’s earlier statements, and pointed out his prolonged pre‑trial detention since 22‑11‑2025. The State opposed bail, citing the alleged criminal antecedent. After hearing both sides, the court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted in a case involving alleged false promise of marriage and threat to publish private photographs under Sections 69 and 352 of the B.N.S., 2023.
- Whether the petitioner’s alleged criminal antecedent justifies denial of bail.
- Whether the petitioner is likely to tamper with evidence or flee if released on bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 352, 69
Subjects
- bail
- criminal procedure
- Section 352 IPC
- Section 69 BNS Act
- false promise of marriage
- privacy
- threat to publish photographs
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12464 of 2026
Arising Out of PS. Case No.-1065 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Ram Babu Paswan S/O Late Brijlal Paswan R/o Vill.- Malda, Ward No.13,
P.S.- Shikarpur, District - West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/O Ramjit Paswan R/o Vill.- Balirampur, Ward No.6, P.S.- Majhauliya,
District - West Champaran, Bettiah
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Shikarpur P.S. Case No. 1065 of 2025 registered for the
offence punishable under Sections 69 and 352 of the B.N.S.,
2023.
3. The case of the prosecution, in short, is that since
the year 2013, the petitioner has been establishing physical
relationship with the informant on the false promise of marriage.
It is further alleged that he has also clicked her private
photographs and is threatening her with making those
photographs viral.
Patna High Court CR. MISC. No.12464 of 2026(2) dt.10-03-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that prior to this case, the informant of
this case had filed another case, which is Shikarpur P.S. Case
No. 872 of 2025, wherein she stated that the petitioner is her
husband and he and his family members have assaulted and
ousted her from the matrimonial house. He also submits that in
the previous FIR, the informant herself has stated that the
petitioner is her husband, whereas in this FIR, the informant has
stated that the petitioner has established physical relationship on
the false promise of marriage. He also submits that likewise the
informant has filed a case on another person also. He further
submits that the petitioner is languishing in judicial custody
since 22.11.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.12464 of 2026(2) dt.10-03-2026
3/3
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Judge Rape and POCSO Act, West
Champaran, Bettiah in connection with Shikarpur P.S. Case No.
1065 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…