Pawan Sah @ Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25612 of 2025 Arising Out of PS. Case No.-171 Year-2024 Thana- Raghunathpur District- East Champaran ====================================================== Pawan Sah @ Arvind Kumar S/o Chandrika Sah R/o vill - Raghunathpur, ward no. 27, P.s.- Raghunathpur, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar No.III, Adv For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Raghunathpur P.S. Case No. 171 of 2024 registered for the offences under Sections 308(3), 308(4), 326(2), 115(2) and 3(5) of the Bharatiya Nyaya Sanhita.

3. The petitioner is named in the F.I.R. and is in custody since 12.12.2024.

4. The allegation against the petitioner is to demand extortion money from the informant of Rs. 20 lakhs in cash or in alternate to execute sale deed of 1 katha of land in favour of the petitioner.

Patna High Court CR. MISC. No.25612 of 2025(4) dt.29-07-2025 2/3

5. Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated falsely with the present case out of ulterior and oblique motive as informant is one of the accused of murder case of own brother of petitioner for which Turkauliya (Raghunathpur) P.S. Case No. 1079 of 2023 was lodged. It is submitted that now said case is under trial and just to create legal pressure the present case was lodged without having any occasion. It is pointed out that there is no payment in furtherance of extortion demand as alleged.

It is submitted that petitioner found involved in six more cases, where he is on bail, it is also submitted that bail of petitioner should not be denied ordinarily if merit of case appears in his favour and in support of his submission learned counsel relied upon the legal report of Hon'ble Supreme Court as available through Prabhakar Tewari Vs. State of Uttar Pradesh and Another, [(2020) 11 SCC 648]. While concluding the argument it is submitted that investigation of this case has already completed and as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State,

Patna High Court CR. MISC. No.25612 of 2025(4) dt.29-07-2025 3/3 opposes the prayer for bail.

7. In view of aforesaid facts and circumstances as mentioned above and by taking note of nature of accusations in the background of litigating terms between the parties, coupled with the fact as petitioner remains in custody since 12.12.2024, accordingly above named petitioner, is directed to be released on bail in connection with Raghunathpur P.S. Case No. 171 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari and East Champaran/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. (Chandra Shekhar Jha, J.) S.Tripathi/- U T