Niranjan PaswanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86899 of 2025
                        Arising Out of PS. Case No.-412 Year-2018 Thana- RAJAON District- Banka
                 ======================================================
           1.     Niranjan Paswan
           2.    Jaddu Paswan S/o Late Bholi Paswan R/o Village - Tekani, P.S - Rajoun,
                 District - Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Brij Nandan Prasad, Advocate
                 For the Opposite Party/s :       Mr.Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-01-2026                     After some arguments,             learned counsel for the

                   petitioners seeks permission to withdraw this application with

                   respect to petitioner No.1, namely, Niranjan Paswan with liberty

                   to the petitioner to surrender before the learned court below

                   within a period of four weeks from today and seek regular bail.

                                2. Permission is accorded.

                                3. The application is dismissed as withdrawn with

                   respect to petitioner No.1, namely, Niranjan Paswan with the

                   liberty that the petitioner surrenders and seeks regular bail

                   before the learned court below, the same shall be considered on

                   the same day on its own merit in accordance with law and

                   without being prejudiced by any observation in the present

                   order.
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                        4. Heard Mr.Brij Nandan Prasad, learned counsel

          for the petitioner No.2, namely, Jaddu Paswan and Mr.Ram

          Bilash Roy Raman, learned Additional Public Prosecutor for the

          State.

                       5. Petitioner No. 2, namely, Jaddu Paswan is

          apprehending his arrest in connection with Rajoun P.S. Case

          No.412 of 2018, dated 28.09.2018 registered for the offences

          punishable under Sections 341,323,448,354,307/34 of IPC.

                       6. As per the allegations, on 27.09.2018 at about

          10:00 PM, the informant was sleeping in her house when the

          accused persons Niranjan Paswan, Vijay Paswan and Jaddu

          Paswan, all residents of Village Tekani, P.S. Rajoun, allegedly

          entered her house with the intention of outraging her modesty

          and started molesting her. When she raised alarm, her husband,

          Umesh Paswan, arrived to save her but was allegedly struck on

          the head with a rod by the accused, causing bleeding injuries.

          On hearing the cries, villagers reached the spot, and the accused

          persons fled after threatening her with dire consequences,

          warning her not to go to the police station.

                       7. Learned counsel appearing for the petitioner

          submits that the petitioner has clean antecedent. Although the

          petitioner is named in the FIR but there is no specific allegation
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          of any assault or overt-act attributed against the petitioner in the

          FIR. Specific allegation of assault is attributed against co-

          accused person, namely, Niranjan Paswan.

                       8. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner.

                       9. Considering the aforesaid facts, petitioner has clean

          antecedent and there is no specific allegation of any assault or

          overt-act attributed against the petitioner in the FIR, let the

          petitioner, above named, in the event of his arrest or surrender

          before the court below within a period of thirty days from the

          date of receipt of the order, 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 learned Chief Judicial

          Magistrate, Banka in connection with Rajoun P.S. Case No.412

          of 2018, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure/Section 482(2) of

          BNSS, 2023 and with other following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.
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                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his/her

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T