Ashok Kumar @ Ashok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28494 of 2021 Arising Out of PS. Case No.-131 Year-2020 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== ASHOK KUMAR @ ASHOK PASWAN Son of Ranjeet Paswan Resident of Village- Hilaipur Tok, P.S.- Industrial Area, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in a case registered under Sections-147, 148, 323, 380, 387, 427, 504, 506 of the Indian Penal Code and Section-37(c) of the Bihar Prohibition and Excise Act, 2018.

The prosecution case, in short, is that in intoxicated state, the accused persons demanded extortion money from the informant.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.28494 of 2021(2) dt.13-07-2021 2/3 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. It is alleged that the accused persons, in drunken state, were demanding extortion money from the informant. The informant has filed a petition in the court below in which, he has retracted from his earlier statement made in the FIR. The said petition is Annexure-2 to the present application. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Vaishali at Hajipur in connection with Industrial Area P.S. Case No. 131 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.28494 of 2021(2) dt.13-07-2021 3/3 Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T