Patna High CourtCR. MISC./87591/2024bail granted

Manish Paswan v. The State Of Bihar

2025-01-08Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87591 of 2024 Arising Out of PS. Case No.-273 Year-2024 Thana- BIHIA District- Bhojpur ====================================================== Manish Paswan Son of Late Nathuni Paswan R/o Village - Mahudahi, PS - Barhara, District - Bhojpur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bihiya P.S. Case No. 273 of 2024 instituted for the offences under Sections 308(4), 308(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of demanding ransom of Rs. 10,000/- from the Informant as also of threatening him of killing.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as

Patna High Court CR. MISC. No.87591 of 2024(2) dt.08-01-2025 2/3 alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The recovered mobile bearing number 8092922987 belongs to the petitioner but, the Scorpio, in question, does not belong to the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 07.09.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two

Patna High Court CR. MISC. No.87591 of 2024(2) dt.08-01-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bihiya P.S. Case No. 273 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T