Bihari Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58018 of 2025 Arising Out of PS. Case No.-52 Year-2023 Thana- MAHESHKHUNT District- Khagaria ====================================================== Bihari Paswan S/o Pramod Paswan, R/o Village- Maheshkhunt, English Tola, Ward No. 4, P.S.- Maheshkhunt, District- Khagaria. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Maheshkhunt P.S. Case No. 52 of 2023 dated 05.03.2023, registered for the offences punishable under Sections 447, 341, 386, 504, 506, 323 and 379 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and co-accused came to the house of the informant and demanded Rs. 50,000/- as extortion money. When the informant refused, they abused and assaulted the informant on gun-point and snatched his gold chain and also took away Rs. 4,500/-.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.58018 of 2025(2) dt.27-08-2025 2/3 been implicated in the present case. Though there is allegation that demand of Rs. 50,000/- was made, but no such amont was paid to the petitioner or to the co-accused. The co-accused Pandav Paswan has lodged a case against the informant in which the petitioner is an eyewitness, therefore the informant has been made accused in the present case. No offence as alleged under Section 386 of the IPC is is made out against the petitioner and in the present case, although charge has been framed on 24.03.2025, but not a single witness has been examined till date. Learned counsel next submits that petitioner is having antecedent of 10 cases, but he is on bail in all the cases. Learned counsel lastly submits that petitioner is in custody since 14.08.2023 and there is no likelihood of conclusion of trial in the near future.
5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering petitioner's period of custody and framing of charge against him, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.58018 of 2025(2) dt.27-08-2025 3/3 satisfaction of learned Judicial Magistrate 1st Class, Khagaria / concerned Court, in connection with Maheshkhunt P.S. Case No. 52 of 2023, subject to the condition laid down under Section 480(3) of the B.N.S.S. 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.
(iii) In case of non-appearance of the petitioner on single date 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) Shahnawaz/- U T