Patna High Court
Anandi PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
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
- Indian Penal Code — s. 201, 302, 34
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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