Bharat Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68936 of 2024 Arising Out of PS. Case No.-610 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== Bharat Paswan Son of Mahendra Paswan Resident of Village - Simuara, P.S. - Tekari, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Pandey, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Jahanabad P.S. Case No. 610 of 2024 instituted for the offences under Sections 308(2) of the Bharatiya Nyaya Sanhita, 2023.

3. Allegation against the accused persons including the petitioner is of extortion of money from trucks.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. No specific overt act is alleged against the

Patna High Court CR. MISC. No.68936 of 2024(2) dt.03-10-2024 2/3 petitioner. Learned counsel further submitted that the petitioner has been falsely implicated in this case without there being any cogent reason or evidence and he has not committed any offence as alleged in the FIR. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is named in the FIR and there is specific allegation of extortion of money from the trucks. Learned counsel further submitted that investigation is still pending.

6. Considering the aforesaid facts and circumstances of the case and the fact that there is specific allegation of extortion of money against the petitioner as also the investigation is still pending, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

8. However, liberty is granted to the petitioner to surrender before the learned court below and, thereafter, seek regular bail. If any such application is filed, learned trial Court shall consider and dispose of the same on its own merit, without

Patna High Court CR. MISC. No.68936 of 2024(2) dt.03-10-2024 3/3 being prejudiced by this order.

(Rudra Prakash Mishra, J) Alok Verma/- U T