Rabindra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42318 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- BELCHHI District- Patna ====================================================== Rabindra Paswan, s/o Ram Nandan Paswan, R/o Village-Bibiyachak, P.s.- Belchhi, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Belchhi P.S. Case No. 10 of 2024 registered for the alleged offences under Sections 364A of the Indian Penal Code.

3. As per prosecution case, the minor son of the informant was kidnapped and ransom demand of Rs. 4,00,000/- was made from the informant.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent has been falsely implicated in this case. There is no material on the record to show the involvement of the petitioner. The name of the petitioner transpired during investigation on the basis of

Patna High Court CR. MISC. No.42318 of 2024(3) dt.21-09-2024 2/3 confessional statement of co-accused Biranchi Kumar. Petitioner has not been named by the victim in his statement recorded under Section 164 Cr.P.C. Learned counsel further submits that the name of the petitioner inserted at the end as it appears from the bare perusal of the statement which shows recording of statement ended and thereafter the name of the petitioner was inserted. Petitioner is having clean antecedent.

5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that there is specific allegation in the FIR against this petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation against the petitioner and also considering the clean antecedent of the petitioner coupled with possibility of false implication, let the petitioner named above, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned A.D.J.-IV, Barh, Patna/ court concerned, in connection with Belchhi P.S. Case No. 10 of 2024, subject to the condition laid down under section 438(2) of the Code of

Patna High Court CR. MISC. No.42318 of 2024(3) dt.21-09-2024 3/3 Criminal Procedure and other 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, if so required by the learned trial court.

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