Patna High Court
Rajdeo PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.