Shiva Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2181 of 2025 Arising Out of PS. Case No.-165 Year-2024 Thana- MORKAHI District- Khagaria ====================================================== 1.

Shiva Paswan Son of Late Raj Kumar Paswan Resident of Village - Bachhauta, P.S. - Morkahi, District - Khagaria 2.

Hari Chandra Paswan @ Harish Chandra Paswan Son of Late Raj Kumar Paswan Resident of Village - Bachhauta, P.S. - Morkahi, District - Khagaria 3.

Rupesh Paswan Son of Late Raj Kumar Paswan Resident of Village - Bachhauta, P.S. - Morkahi, District - Khagaria ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Mritunjay Kumar, Advocate For the Opposite Party/s :

Mr.Ahmad Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-02-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 126(2), 115(2), 308(3), 308(4), 308(5), 351(2), 351(3), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, while the informant was ploughing his land, petitioners came armed with weapons and demanded extortion of Rs.5 lacs in lieu of permission to plough the land and on protest, petitioners assaulted the informant and snatched his gold chain. Petitioner no.3 also threatened the informant of dire consequences, if any case is

Patna High Court CR. MISC. No.2181 of 2025(2) dt.12-02-2025 2/2 filed.

4. It is submitted on behalf of the petitioners that both parties are claiming right, title and possession over the same land which led to alleged occurrence. F.I.R. has been lodged after delay of five days without any explanation which renders the entire prosecution case doubtful. Petitioners claim clean antecedent.

5. Learned counsel for the State opposes the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Khagaria in Morkahi Police Station Case No. 165 of 2024/GR No. 3402/2024, subject to the conditions laid down under section 482 of the the Bharatiya Nagarik Suraksha Sanhita, 2023.

Shashi (Prabhat Kumar Singh, J) U T