Sunil Kumar Paswan @ Sunil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79051 of 2023 Arising Out of PS. Case No.-649 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Sunil Kumar Paswan @ Sunil Paswan Son Of Babulal Paswan Village- Balua Raghunathpur W.No-9, Ps- Raghunathpur Op Dist- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 386, 387 of the Indian Penal Code.

As per allegation in the FIR, co-accused Shaukat Abbas demanded extortion money of Rs. 2 lakhs from the informant via mobile call and threatened him of dire consequences if not paid. Informant became ready to deliver the said amount and kept Rs. 2 lakhs on railway line, as instructed. It is further alleged that again

Patna High Court CR. MISC. No.79051 of 2023(2) dt.07-12-2023 2/3 the said person demanded extortion money of Rs. 5 lakhs from the informant and threatened him of dire consequences, if not paid.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor anything incriminating has been recovered from his conscious possession. The said mobile number from which extortion money was demanded does not belong to the petitioner. The name of petitioner sprang up this case on the confessional statement of co-accused Abhay Kumar and Ashish Kumar. Moreover, the petitioner is languishing in judicial custody since 12.08.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,

Patna High Court CR. MISC. No.79051 of 2023(2) dt.07-12-2023 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Shikarpur P.S. Case No. 649 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., West Champaran, Bettiah.

(Sunil Kumar Panwar, J) Nirajkrs/- U T