Bajrangi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6992 of 2025 Arising Out of PS. Case No.-309 Year-2024 Thana- KARAHGAR District- Rohtas ====================================================== Bajrangi Paswan S/O Kashinath Paswan @ Kashi Paswan Resident of Village- Sagarpur, Ghordiha, P.S- Kargahar, Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sadanand Roy, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kargahar P.S. Case No. 309 of 2024 instituted for the offences under Sections 137(2), 96 of the B.N.S., 2023.

3. As per prosecution case, the accusation against the petitioner is of kidnapping the minor daughter of the Informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to dirty village politics. He further submits that there is delay of seven days in lodging the F.I.R. that too without there being any plausible explanation for the same which creates

Patna High Court CR. MISC. No.6992 of 2025(4) dt.06-05-2025 2/3 doubt in the veracity of the prosecution case. The petitioner has no concern with the alleged occurrence. The victim girl has been recovered from Hyderabad along with the petitioner and her statement was recorded under Section 183 of the B.N.S.S. but, she has not made any allegation of any overt act against the petitioner. She has also stated that she on her own will had left her house. Charge-sheet has been submitted in this case. There is no medical report as the victim girl has denied for the medical examination. The petitioner has no criminal antecedent and is languishing in judicial custody since 28.10.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature and there is direct allegation against the petitioner of kidnapping the Informant's daughter. The Investigating Officer, after completion of investigation, has submitted charge-sheet against the petitioner for offence under Sections Sections 137(2)/96 of the B.N.S., 2023 and Sections 8/12 of the POCSO Act.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner, the petitioner having no

Patna High Court CR. MISC. No.6992 of 2025(4) dt.06-05-2025 3/3 criminal antecedent as also there being no specific allegation against the petitioner in the 183 B.N.S.S. statement of the victim girl, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kargahar P.S. Case No. 309 of 2024, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T