Ashok Paswan @ T. T. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1305 of 2019 Arising Out of PS. Case No.-432 Year-2017 Thana- JAHANABAD District- Jehanabad ====================================================== Ashok Paswan @ T. T. Son of Late Parmeshwar Paswan Resident of Dakhsani Daulatpur, P.S.- Jehanabad, District - Jehanabad ... ... Appellant/s
Versus
The State of Bihar. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Anita Kumari Singh For the Respondent/s :
Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-07-2019 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
The appellant seeks pre-arrest bail in connection with Jehanabad P.S. Case No. 432 of 2017 registered under Sections 323, 427, 385, 504 & 341 read with Section 34 of the Indian Penal Code and Section 3 (2) V of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989. Appellant along with co-accused Mukendra Yadav are said to have uprooted the pillar of the informant and on protest Mukendra Yadav demanded ransom of Rs.10 lakhs and also slated in the name of his caste.
It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case due to land dispute and the title suit is pending between them. Appellant is also a
Patna High Court CR. APP (SJ) No.1305 of 2019(5) dt.02-07-2019 2/2 member of the scheduled caste. There is no allegation of demanding extortion against the appellant. None has sustained any injury.
Learned Spl. PP for the State opposing the prayer for bail submitted that altogether four criminal cases have been lodged against the appellant, hence he does not deserve for anticipatory bail.
Considering the facts and circumstances of case, I am not inclined to enlarge the appellant on bail. The prayer for bail of the appellant is hereby rejected. However, the appellant is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order on the same day.
Accordingly, this appeal is dismissed.
(Prakash Chandra Jaiswal, J) Trivedi/- U T