Patna High Court
Shashi Bhushan Paswan @ Aklu PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail is dismissed.
Summary
The petitioner, Shashi Bhushan Paswan, was charged under Sections 406 and 420 of the Indian Penal Code for cheating an informant of Rs. 6,40,000 in a land transfer case. He had earlier been granted anticipatory bail in 2017 with conditions, which he violated, leading to cancellation of the bail bond in 2022. Having absconded, he filed a fresh application for anticipatory bail. The High Court examined whether a new anticipatory bail could be granted after the prior cancellation and the petitioner’s failure to comply with conditions. Finding the petitioner in breach of the earlier order and currently absconding, the Court dismissed the anticipatory bail application and directed him to surrender within four weeks and seek regular bail, failing which police would arrest him.
Issues considered
- Whether anticipatory bail can be granted to a petitioner who previously had anticipatory bail cancelled for violating conditions
- Whether the petitioner’s absconding affects the maintainability of a fresh anticipatory bail application
- Whether the court can direct surrender and order the petitioner to apply for regular bail
Legislation cited
- Indian Penal Code — s. 406, 420
Subjects
- anticipatory bail
- criminal breach of trust
- cheating
- bail cancellation
- absconding
- surrender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68246 of 2025
Arising Out of PS. Case No.-429 Year-2016 Thana- BIHTA District- Patna
======================================================
Shashi Bhushan Paswan @ Aklu Paswan S/o- Late Karmu Paswan Village-
Kanhauli PS- Bihta, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binod Kumar Paswan, Advocate
For the State : Mr.Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Bihta P.S. Case No. 429 of 2016 instituted under Sections
406 and 420 of the Indian Penal Code.
3. The petitioner is accused of cheating the informant
of Rs. 6,40,000/- for transfer of land. Thereafter, the petitioner
was granted anticipatory bail by a co-ordinate Bench of this
Court on 12.07.2017 passed in Cr. Misc. No. 5444 of 2017,
with certain conditions which were not followed by the
petitioner and the bail bonds of the petitioner was cancelled in
the year 2022. The petitioner has absconded and now has
prayed for anticipatory bail.
4. In the facts of the case, this application is
Patna High Court CR. MISC. No.68246 of 2025(3) dt.24-02-2026
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dismissed.
5. The petitioner is directed to surrender within four
weeks from today and pray for regular bail, failing which the
Senior Superintendent of Police, Patna will take all steps for
arrest of the petitioner.
6. Let a copy of this order be communicated to the
Senior Superintendent Police, Patna through FAX or e-mail for
its compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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