← Library
Patna High CourtCR. MISC./27836/2025bail granted

Magho Paswan @ Megho Paswan v. The State Of Bihar

2025-05-07Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27836 of 2025 Arising Out of PS. Case No.-179 Year-2024 Thana- PURAINI District- Madhepura ====================================================== Magho Paswan @ Megho Paswan Son of Ramchandra Paswan @ Budho Paswan @ Budhu Paswan Resident of Village - Ganeshpur, Ward No.14, P.S - Puraini, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Sanjay Kumar Singh, Advocate Mr. Ankesh Bibhu, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Puraini P.S. Case No. 179 of 2024, registered on 10.09.2024, for the alleged offences under Sections 140(2), 309(4) of the Indian Penal Code.

03. As per prosecution case, the grandson of the informant was abducted by the petitioner and other co-accused persons and they made ransom demand of Rs. 2,00,000/- from the informant.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is named in FIR on the saying of

Patna High Court CR. MISC. No.27836 of 2025(2) dt.07-05-2025 2/3 neighbourhood people but the informant has not disclosed the name of such persons who named this petitioner. Nothing incriminating has been recovered from the person or possession of the petitioner, who has not been put to test identification parade. Learned counsel further submits that similarly placed co-accused persons namely, Munna Kumar, Vijay Kumar Sahni and Amit Kumar have been granted bail by a Co-ordinate Bench vide order dated 31.01.2025 passed in Criminal Misc. No. 82960 of 2024, orders dated 21.02.2025 passed in Criminal Misc. Nos. 89388 of 2024 and 89764 of 2024, respectively. The case of the petitioner is on similar footing. The petitioner is having antecedent of five cases, but he is not named in all the five cases and out of which, he is on bail in four cases. The petitioner is in custody since 11.09.2024 and charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the grant of bail to the similarly placed co-accused persons by a Coordinate Bench and also considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner

Patna High Court CR. MISC. No.27836 of 2025(2) dt.07-05-2025 3/3 above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IX, Madhepura in connection with S.T. Case No. 343 of 2024 arising out of Puraini P.S. Case No. 179 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T