Sanjay Kumar Paswan @ Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14130 of 2020 Arising Out of PS. Case No.-561 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.

SANJAY KUMAR PASWAN @ SANJAY PASWAN S/O Shrawan Paswan Resident of Village - Kothia, Police Station - Bahadurpur, District - Darbhanga.

2.

Dhaneshwar Paswan S/O Late Saheb Paswan Resident of Village - Kothia, Police Station - Bahadurpur, District - Darbhanga. 3.

Vijay Paswan S/O Laddu Paswan Resident of Village - Kothia, Police Station - Bahadurpur, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Prasad, Adv.

For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-09-2020 Heard the learned counsel for the petitioners and Sri Pranav Kumar, the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Bahadurpur P.S. Case No. 561 of 2019 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 386, 379 and 504/506 of the Indian Penal Code.

The case of the prosecution in brief is that on 6.11.2019, the driver of the husband of the informant had gone on the tractor of the husband

Patna High Court CR. MISC. No.14130 of 2020(3) dt.09-09-2020 2/3 of the informant for bringing soil and when he reached near Kothiya bridge, the petitioners surrounded the tractor and told the driver that till he brings a sum of Rs. 50,000/-, they would not let the tractor go from there, whereafter, the driver had informed the husband of the informant and then, the son of the informant, the nephew of the informant along with the husband of the informant had gone to the said place of occurrence and had told the petitioners that he is a poor man, hence, he is not in a position to pay extortion money of Rs. 50,000/-. It is further alleged that thereafter, the petitioners and other persons, variously armed, had surrounded all the aforesaid three persons and the petitioners and others had assaulted the aforesaid three persons resulting in them receiving grievous injuries.

The learned counsel for the petitioners has submitted that the petitioners are innocent, they are having a clean antecedent and they have been falsely implicated in the present case.

Per contra, the learned APP for the State has

Patna High Court CR. MISC. No.14130 of 2020(3) dt.09-09-2020 3/3 vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available in the case diary, a prima facie case is definitely made out against the petitioners herein, for the offences alleged and the injured persons have received serious injuries, hence, I do not find the present case to be a fit case for grant of anticipatory bail, thus, the present petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T