Patna High Court
Ram Pukar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
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
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 34, 406
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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