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Patna High Court

Anandi PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused to grant regular bail to the petitioner.

Summary

Anandi Paswan, the brother‑in‑law of a deceased woman, was charged under Sections 302, 201 and 34 of the Indian Penal Code for her murder. He had earlier been granted anticipatory bail in 2014 but failed to surrender and was taken into custody on 30‑August‑2025 after more than twelve years of evasion. The petitioner applied for regular bail, claiming false implication. The court noted his abscondence, non‑cooperation with trial directions, and the seriousness of the offences, and therefore refused to grant bail. The trial court was directed to expedite the pending trial.

Issues considered

  • Whether regular bail should be granted to a petitioner who previously obtained anticipatory bail but subsequently absconded and failed to cooperate with the trial.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • regular bail
  • IPC
  • Section 302
  • Section 201
  • Section 34
  • murder
  • trial delay
  • absconding

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88153 of 2025
                   Arising Out of PS. Case No.-85 Year-2013 Thana- NIMCHAKBATHANI District- Gaya
                 ======================================================
                 Anandi Paswan son of Lalmuni Paswan Resident of village- Koshila PS-
                 Neemchak Bathani District -Gaya Ji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Syed Asgher Najmi, Advocate
                 For the Opposite Party/s :      Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   24-02-2026                    1. Heard learned counsel for the parties.

                                   2. The petitioner has preferred this application for

                   grant of regular bail in connection with Nimchakbathani P.S.

                   Case no. 85 of 2013 registered under sections 302, 201 and 34

                   of the Indian Penal Code.

                                3. As per the prosecution case, the sister of the

                   informant who was married to the brother of the petitioner

                   herein, was done to death.

                                4. It is submitted by learned counsel for the petitioner

                   that the petitioner who happens to be the brother- in- law of the

                   deceased, has been falsely implicated in the case. The petitioner

                   was enlarged on anticipatory bail vide order dated 10.3.2014

                   passed in Cr. Misc. no. 49559 of 2013. However, as the

                   petitioner could not surrender in the learned Court below, the
          Patna High Court CR. MISC. No.88153 of 2025(4) dt.24-02-2026
                                                      2/2




                    instant application has been filed. The petitioner is in custody

                    since 30.8. 2025.

                                 5. The application for bail is opposed by learned APP

                    for the State.

                                 6. Having heard learned counsel for the parties and

                    taking into consideration the allegations in the FIR, grant of

                    bail to the petitioner vide order dated 10.3.2014 passed in Cr.

                    Misc. no. 49559 of 2013, the petitioner having absconded

                    inspite of bail having been granted, not having cooperated in

                    the trial inspite of the specific directions given therein to remain

                    present on the date fixed for charge and having been taken into

                    custody after more than 12 years on 30.8.2025, the Court is not

                    inclined to enlarge the petitioner on bail in the application is

                    rejected.

                                 7. Learned trial Court is directed to expedite the trial.




                                                (Partha Sarthy, J)
Bibhash

U     T


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