Mithilesh Kumar @ Vinod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15846 of 2024 Arising Out of PS. Case No.-293 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Mithilesh Kumar @ Vinod Paswan S/O Late Vishun Paswan R/O VillageGidha, P.S- Sugauli, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 467, 468, 471, 384, 385 and 34 of the Indian Penal Code.

3. As per allegation in the FIR, accused persons have fraudulently sold the informant's land by showing incorrect address and concealing correct fact in favour of the co-accused persons. It is further alleged that co-accused persons used to threaten the informant to implicate him for the offences punishable under the provisions of SC/ST Act, if he will not fulfill the ransom demand of Rs. 5 lacs. Allegation against this petitioner is that he purchased the said land from co-accused persons which belongs to the informant.

Patna High Court CR. MISC. No.15846 of 2024(3) dt.04-04-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The matter relates to civil dispute. It is further submitted from para-7 of this petition that the informant and other two co-accused persons are gotiya and pattidar to one another and they have land dispute among them. But the petitioner was no knowledge about the dispute and and as such petitioner purchased the aforesaid land from co-accused persons. The petitioner is only purchaser apart from that no role of petitioner in this alleged offence. Similarly situated other coaccused persons have already been granted bail by this Court vide Annexure-2 of this petition. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 30.12.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sugauli P.S. Case No. 293 of

Patna High Court CR. MISC. No.15846 of 2024(3) dt.04-04-2024 3/3 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Motihari, East Champaran. (Sunil Kumar Panwar, J) Shubham/- U T