Raju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59372 of 2025 Arising Out of PS. Case No.-947 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== Raju Paswan S/o Late Basant Paswan R/o Village- Bhadeja, P.S.- Muffasil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Vinod Kumar, Advocate For the State :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 190, 191(2), 191(3), 109, 303(2), 317(2), 317(4), 317(5), 111, 125, 132, 121(1) and 121(2) of the B.N.S. and Section 27 of the Arms Act.

3. The prosecution story, in brief, is that on secret information regarding illegal extraction of sand by the sand mafia, a raid was conducted and 21 tractors loaded with illegally mined sand and one hero honda motorcycle were seized and six co-accused persons were apprehended. Apprehended co-accused persons disclosed the name of this petitioner as one of the person who managed to flee away from the spot while firing.

Patna High Court CR. MISC. No.59372 of 2025(2) dt.02-09-2025 2/2

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case merely on the basis of confessional statement of coaccused persons who were apprehended at the spot. Petitioner is neither owner nor driver of any of the seized vehicles and has got no concern with the illegally mined sand.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. with specific accusation that he, along with other accused persons, was illegally excavating sand. Petitioner has got seven criminal antecedents out of which some are of similar nature.

6. Considering the facts and circumstances of the case, nature of accusation and criminal antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is rejected.

(Prabhat Kumar Singh, J) shashank/- U T