Deepak Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46662 of 2023 Arising Out of PS. Case No.-309 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== Deepak Paswan Son Of Nagina Paswan Resident Of Village - Peon Colony, Ministerial Quarter, Station Road Ara, P.S. - Ara Town, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Ara Town P.S. Case No. 309 of 2023 dated 21.04.2023 registered for the offences punishable u/ss 384 and 386 of the Indian Penal Code.

4. As per the prosecution case, Rs. 10 lakhs was demanded as extortion (Rangdari) from the informant through the mobile no. 9709119452. It is further alleged that the informant would be killed if the said demand was not fulfilled.

5. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.46662 of 2023(3) dt.16-08-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has surfaced in this case on the basis of mere suspicion. Learned counsel has further submitted that no money was delivered to the accused persons so no offence under section 384 of the IPC is made out against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 11.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the said mobile no. i.e. 9709119452 belongs to the wife of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Ara Town P.S. Case No. 309 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T