Raghuvansh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60958 of 2024 Arising Out of PS. Case No.-1153 Year-2021 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Raghuvansh Paswan, son of Baleshwar Paswan Resident of Village -Cheriya PS -Bhagwanpur District -Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sohan Paswan, son of Kamleshwari Paswan village- Pokharia po and PsPokharia Nagar, Dist- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr/s.Vijaya Laxmi Srivastawa For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-10-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 420/ 34 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the complainant alleges that Ram Padarath Paswan, who works in the Secretariat, sent his brother (petitioner) to the house of opposite party no.2, who took Rs.3,60,000/- from opposite party no.2 on pretext of getting a job for his son in F.C.I. under G.M. Quota, thereafter petitioner and his brother gave a joining letter,

Patna High Court CR. MISC. No.60958 of 2024(2) dt.03-10-2024 2/3 but the son of the opposite party no.2 could not join as the appointment letter was fake, thereafter accused persons came to his house and assured that the money would be returned within 4-5 months, but the same was not returned.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the complainant. It is next asserted and submitted that petitioner has not taken any amount from the opposite party no.2. It is also submitted that brother of the petitioner works in the Secretariat, as such, he is aware of the consequences, which would entail if he and his brother commit such an occurrence. The learned counsel for the petitioner next submits that even presuming what has been alleged is true without admitting, in that event, the opposite party no.2 is also guilty of committing an offence inasmuch as, he accepts that he had paid an amount of Rs.3,60,000/- to the petitioner for getting his son appointed in the F.C.I. through backdoor by paying bribe, which in itself is an offence. It is further submitted that Court never perpetuates an illegality.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned

Patna High Court CR. MISC. No.60958 of 2024(2) dt.03-10-2024 3/3 counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Complaint Case No.1153(C) of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T