Ranjan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20124 of 2025 Arising Out of PS. Case No.-175 Year-2024 Thana- RAFIGANJ District- Aurangabad ====================================================== 1.
Ranjan Paswan Son of Kameshwar Paswan Resident of village - Nima Wajid, P.S.- Rafiganj, District - Aurangabad (Bihar) 2.
Ranvijay Paswan Son of Kameshwar Paswan Resident of village - Nima Wajid, P.S.- Rafiganj, District - Aurangabad (Bihar) 3.
Randhir Paswan Son of Kameshwar Paswan Resident of village - Nima Wajid, P.S.- Rafiganj, District - Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aman Vishal, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-04-2025 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 420, 406 of the Indian Penal Code.
3. It is alleged that informant entered into agreement with co-accused Kameshwar Paswan for sale of land and coaccused Kameshwar Paswan along with these petitioners received advance of Rs. 2,12,000/- and when informant asked to execute the sale deed, he came to know that co-accused Kameshwar Paswan had sold the said land to Israil Miyan and
Patna High Court CR. MISC. No.20124 of 2025(2) dt.19-04-2025 2/3 Sabir Miyan.
4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. As a matter of fact, informant contacted co-accused Kameshwar Paswan for purchasing the land in question in the year 2012 and gave Rs. 20,000/- in advance with a promise to pay rest of the amount within six months but when he failed to do so, coaccused Kameshwar Paswan sold the land to another party. F.I.R. has been lodged after inordinate delay of more than 403 days which itself raises doubt over veracity of the prosecution case. No overt act has been alleged against petitioners and they are simply victims of over implication as co-accused Kameshwar Paswan happens to be father of these petitioners. Moreover, dispute involved in this case is regarding sale and purchase of land which is civil in nature.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the nature of accusation and dispute, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.20124 of 2025(2) dt.19-04-2025 3/3 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Aurangabad in connection with Rafiganj P. S. Case No. 175 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T