Chandan Paswan @ Kundan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25434 of 2022 Arising Out of PS. Case No.-354 Year-2019 Thana- RAJAON District- Banka ====================================================== CHANDAN PASWAN @ KUNDAN PASWAN S/o Parmanand Paswan Resident of Village- Tekari, P.S.- Rajoun, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chandan Paswan S/o Saheb Paswan Resident of Village- Tekari, P.S.- Rajoun, District- Banka.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

In compliance of the order dated 14.11.2022, a report has been submitted by the Registrar General of Patna High Court through I/C. Registrar (Administration), the Court has perused the report and does not intend to proceed further, the report is accepted, the report submitted by the learned District and Session Judge, Banka is also on record and the same is also accepted and thus the Court does not intend to pursue it any further.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148,

Patna High Court CR. MISC. No.25434 of 2022(4) dt.11-01-2023 2/3 149, 341, 323, 353, 332 and 386 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is son of Parmanand Paswan and the informant alleges that he received information that accused persons were illegally collecting money from the vehicle which led to congestion of traffic, further an ambulance with the patient was also detained, accordingly the informant reached the place of occurrence and on seeing the police force the accused persons fled but one Kundan was apprehended and on search Rs. 1700/- along with a mobile was recovered, further on the basis of video footage, the accused persons, including the petitioner, were identified.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that it was not a case of extortion, but petitioner being a young boy of 22 years of age along with his friends were collecting donation from the passers-by for the upcoming festivals. It is next submitted that petitioner is a person with clean antecedent and is a young boy aged about 22 years and, in the event, if he is sent to jail chances are bright that he may come in company of hardened criminals and his entire career is jeopardized.

Patna High Court CR. MISC. No.25434 of 2022(4) dt.11-01-2023 3/3 accused persons have been granted anticipatory bail by a learned Co-ordinate Bench by order dated 06.10.2020 in Cr. Misc. No. 15529 of 2020.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rajoun P.S. Case No. 354 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T