Created by Fuzzy Cloud

Patna High Court

Rajdeo PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner is entitled to anticipatory bail and allowed the application.

Summary

Petitioner Rajdeo Paswan applied for anticipatory bail fearing arrest in a case (PS No. 466 of 2021) involving alleged offences under Sections 304B, 201 and 34 of the IPC. The prosecution alleged that the petitioner and his family were involved in the killing of the deceased, while the petitioner claimed innocence and clean antecedents, asserting that the primary accused was the deceased's husband, who had already been acquitted. The State opposed the bail application. The Court, after hearing both sides, allowed the anticipatory bail, directing the petitioner to surrender within four weeks and execute a bail bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure in view of the allegations under Sections 304B, 201 and 34 IPC.
  • Whether the seriousness of the alleged offences justifies denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 BNSS
  • IPC 304B
  • IPC 201
  • IPC 34
  • bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21768 of 2026
                      Arising Out of PS. Case No.-466 Year-2021 Thana- PAROO District- Muzaffarpur
                 ======================================================
                 Rajdeo Paswan Son of Late Parikchan Paswan Resident of Village- Dukhan
                 Saraiya, Ps- Paroo, Dist- Muzaffarpur

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nachiketa Jha, Advocate
                 For the Opposite Party/s :        Mr.Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Paroo P.S. Case No. 466 of 2021 registered for

                   the offence under Sections 304B, 201/34 of the Indian Penal

                   Code.

                                   3. As per the prosecution case, petitioner along

                   with his family members is accused of killing the deceased.

                                    4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. It is next submitted that the main

                   allegation of killing the deceased is on the husband of the

                   deceased, whose bail has been dismissed and he has been

                   acquitted. Petitioner has clean antecedent.
              Patna High Court CR. MISC. No.21768 of 2026(2) dt.30-04-2026
                                                          2/2




                                         5. Learned A.P.P. for the State opposes the prayer

                        for anticipatory bail of the petitioner.

                                        6. Considering the aforesaid facts, this application

                        is allowed.

                                        7. Let the petitioner, above named, in the event of

                        his arrest or surrender before the concerned Court below within

                        four weeks from today, be released on bail on furnishing bail

                        bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                        like amount each to the satisfaction of the learned J.M. 1 st Class,

                        west, Muzaffarpur/ concerned Court below in connection with

                        Paroo P.S. Case No. 466 of 2021, subject to the conditions laid

                        down in Section 438(2) of the Code of Criminal Procedure,

                        1973 / Section 482 of the BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.