Dinesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73359 of 2024 Arising Out of PS. Case No.-351 Year-2023 Thana- NAGAR District- Vaishali ====================================================== 1.

Dinesh Paswan S/o- Late Lakhan Bhagat R/O- Isufpur P.S- Industrial Area Dist- Vaishali 2.

Vikash Paswan S/o- Dinesh Paswan Village- Isufpur Ps- Industrial Area Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 447, 341, 323, 307, 379, 385, 504, 506 of IPC and Section 27 of Arms Act. 3.

Allegedly, all the FIR named accused persons including the petitioners armed variously came at the door of informant and started abusing and on protest, one co-accused fired from pistol upon the informant which hit to the uncle of the informant. One co-accused person took out Rs.5,000/- and snatched gold chain and fired indiscriminately to create terror. Petitioners are alleged to have threatened the informant for extortion of Rs.5 lakhs. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.73359 of 2024(2) dt.10-01-2025 2/2 They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation of firing is not against the petitioners. The allegation against the petitioners is to demand extortion money and to threaten the informant. It is further submitted that similarly situated co-accused person has been granted anticipatory bail by this Court vide order dated 31.10.2023 passed in Cr. Misc. No. 66620 of 2023. Petitioners have no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, and similarly situated co-accused has been granted bail by this Court, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Town (Nagar) P.S. Case No.351 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) priyanka/- U T