Chandan Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4141 of 2019 Arising Out of PS. Case No.-232 Year-2018 Thana- SIKANDRA District- Jamui ====================================================== Chandan Kumar Paswan aged about 32 years (male), Son of Shree Paswan Resident of Dharsanda, P.S Sikandra, District-Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-01-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 14.10.2018 in a case registered for the offences punishable under Sections 385, 387 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that the extortion demand of Rs.2,00,000/- was made through mobile no.7808353491 on 04.10.2018 and from another mobile no. 8227975062, leading to the registration of FIR against two unknown persons and during investigation, it was found that mobile no. 7808353491 was found registered in the name of the petitioner, Chandan Kumar Paswan.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.4141 of 2019(2) dt.28-01-2019 2/2 that the mobile no. of the petitioner was misused by someone else. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent. It is further submitted that even assuming the accusation to be true, offence under Section 385 of the IPC is made out, which is bailable.

Learned APP for the State submits that extortion demand of Rs.2,00,000/- was made from the mobile no. of the petitioner.

Considering the nature of accusation, coupled with statement made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM-Ist Class, Jamui in connection with Sikandra P.S. Case No. 232 of 2018. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T