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Patna High Court

Ram Pukar PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition was disposed of as not pressed, with no bail granted.

Summary

The petitioners, three brothers from Gaya district, filed a petition seeking anticipatory bail in connection with a 2012 case (PS No.71) alleging offences under Sections 406 and 34 of the Indian Penal Code. During the hearing, their counsel requested permission for the petitioners to surrender before the Additional Chief Judicial Magistrate in Gaya and to apply for regular bail, citing that similarly situated co‑accused had been granted anticipatory bail in a 2020 order (Criminal Misc. No.8235 of 2020). The court directed the trial court to consider the effect of the earlier anticipatory bail order while deciding the regular bail application and to hear the matter on the same day the petition is filed. However, the petitioners did not press the relief sought, leading the court to dispose of the petition as not pressed. Consequently, no bail was granted and the matter was closed without further adjudication.

Issues considered

  • What is the appropriate relief—anticipatory bail or regular bail—for the petitioners in the pending criminal case?
  • Whether the earlier anticipatory bail order dated 19‑06‑2020 should influence the present petition for regular bail?
  • Whether the petitioners may be directed to surrender and subsequently apply for regular bail.

Legislation cited

Subjects

  • anticipatory bail
  • regular bail
  • IPC 406
  • IPC 34
  • CrPC 438
  • bail petition
  • petition disposed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.958 of 2026
                         Arising Out of PS. Case No.-71 Year-2012 Thana- PARAIYA District- Gaya
                 ======================================================
           1.     Ram Pukar Paswan S/O Videshi Paswan R/O Vill.- Maniyara, P.S.- Paraiya,
                  Dist.- Gaya
           2.    Bhuneshwar Paswan @ Bhun Paswan S/O Late Bansi Paswan R/O Vill.-
                 Maniyara, P.S.- Paraiya, Dist.- Gaya
           3.    Ramashish Paswan S/O Late Bansi Paswan R/O Vill.- Maniyara, P.S.-
                 Paraiya, Dist.- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sunil Kumar Yadav, Advocate
                 For the Opposite Party/s :        Mr.Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

2   16-01-2026             Though the present petition has been filed for grant of

                   anticipatory bail at the behest of the petitioners in connection

                   with Paraiya P.S. Case No. 71 of 2012, registered for the offence

                   punishable under Sections 406/34 of the Indian Penal Code,

                   however after some arguments, the learned counsel for the

                   petitioners seeks liberty on their behalf to surrender before the

                   learned Court of Additional Chief Judicial Magistrate-III, Gaya

                   or the concerned Court, in connection with Paraiya P.S. Case

                   No. 71 of 2012, within a period of eight weeks from today so as

                   to enable them to seek the privilege of regular bail, however it is

                   submitted that similarly situated co-accused persons and in fact
             Patna High Court CR. MISC. No.958 of 2026(2) dt.16-01-2026
                                                         2/2




                       some of the petitioners herein had applied for anticipatory bail

                       before this Court in connection with the same Paraiya P.S. Case

                       No. 71 of 2012 and they were granted the privilege of

                       anticipatory bail by an order dated 19.6.2020 passed in Criminal

                       Misc. No. 8235 of 2020, though some of the petitioners could

                       not avail the said privilege of anticipatory bail, hence the

                       learned Trial Court be directed to consider the effect of the said

                       order dated 19.06.2020 while considering the prayer of the

                       petitioners for grant of regular bail as also the prayer of the

                       petitioners for grant of regular bail be directed to be considered

                       on the same day of filing of such petition. It is directed

                       accordingly.

                       2.      The petition stands disposed off as not pressed.



                                               (Mohit Kumar Shah, J)
S.Sb/-

U        T


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