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Subhash Kumar Paswan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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Patna HC
2024
Subhash Kumar Paswan Vs The State of BiharSubhash Kumar Paswan v. The State of Bihar

Dismissed¶23-24

Subhash Kumar Paswan v. The State of Bihar

Bail – Regular bail – Rejection

Patna HC20 Apr 2024CR. MISC./16959/2024

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No. 16959 of 2024, oral order dated 20-04-2024, Justice Ramesh Chand Malviya - regular bail REJECTED. Offence: Section 364(A) IPC (kidnapping for ransom), S. Kamal / Sahebpur Kamal P.S. Case No. 332 of 2023, District Begusarai; alleged kidnap of informant's husband on 04.12.2023 and ransom demand of Rs. 2,20,000 with threat to kill. Petitioner Subhash Kumar Paswan named via confessional statement of co-accused Aniket Chakarbarti and S. 161 Cr.P.C. statement of victim Brajesh Yadav; impugned order dated 24.01.2024 by A.C.J.M. 4th, Begusarai. Counsel: Ashok Yadav (petitioner); Mritunjay Kumar Nirala, APP (State).

What did the court decide?

Considering the seriousness of the allegations levelled against the petitioner, the Court is not inclined to grant bail to the petitioner. ¶22

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether regular bail should be granted to petitioner Subhash Kumar Paswan in connection with S. Kamal P.S. Case No. 332 of 2023 instituted for offences punishable under Section 364(A) of the Indian Penal Code.

Court's answer

Considering the seriousness of the allegations levelled against the petitioner, the Court is not inclined to grant bail to the petitioner.

Ratio / Principle

The prayer for regular bail of the petitioner is rejected.

Detailed headnote1 paragraphs

Bail - Regular bail - Rejection - Kidnapping for ransom (S. 364(A) IPC) - Petitioner's name transpired from the confessional statement of co-accused Aniket Chakarbarti and from the statement under S. 161 Cr.P.C. of victim Brajesh Yadav (case diary Para '15') - Ransom of Rs. Two lakh twenty thousand allegedly demanded with threat to kill the informant's husband - Considering the seriousness of the allegations, Patna High Court (Ramesh Chand Malviya, J.), in Oral Order dt. 20-04-2024 on Cr. Misc. No. 16959 of 2024 arising out of Sahebpur Kamal P.S. Case No. 332 of 2023, District Begusarai, declined to grant bail and rejected the prayer for regular bail; impugned order dated 24.01.2024 of A.C.J.M. 4th, Begusarai noted.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16959 of 2024

Arising Out of PS. Case No.-332 Year-2023 Thana- SAHEBPUR KAMAL District-

Begusarai

======================================================

Subhash Kumar Paswan Son of Rahul @ Ganesh Pawan Resident of VillageRailway Colony, P.S. Sadar, District- Purnea

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ashok Yadav, Advocate For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

3 20-04-2024

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with S. Kamal P.S. Case No. 332 of 2023 instituted for the offences punishable under Section 364(A) of the Indian Penal Code.

As per the prosecution case, on 04.12.2023 the husband of the informant was kidnapped when he went out to drive jeep and later on unknown persons demanded a ransom of Rs. Two lakh twenty thousand and if she did not pay the money, they threatened her to kill her husband.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The name of the petitioner

Patna High Court CR. MISC. No.16959 of 2024(3) dt.20-04-2024 2/2

has been transpired from the confession statement of co-accused namely Aniket Chakarbarti.

Learned APP for the State has vehemently opposed the prayer for bail.

From perusal of the case diary, F.I.R. and also perused the impugned order dated 24.01.2024 passed by the learned A.C.J.M. 4^th , Begusarai, it appears that name of the present petitioner has been transpired from the statement under Section 161 Cr.P.C. of the victim, Brajesh Yadav and on perusal of Paragraph ‘15’ of the case diary and the confessional statement of co-accused namely, Aniket Chakarbarti who was arrested by the police. They even demanded a ransom of worth Rs. Two lakh twenty thousand rupees and threatened the informant to send it through pay phone otherwise they would kill her husband.

Considering the seriousness of allegations levelled against the petitioner, this Court is not inclined to grant bail to the petitioner.

Prayer for regular bail of the petitioner is hereby

rejected.

(Ramesh Chand Malviya, J)

tusharika/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether regular bail should be granted to petitioner Subhash Kumar Paswan in connection with S. Kamal P.S. Case No. 332 of 2023 instituted for offences punishable under Section 364(A) of the Indian Penal Code.¶15
The court held
Considering the seriousness of the allegations levelled against the petitioner, the Court is not inclined to grant bail to the petitioner.ratio¶22

Statutes considered

2 provisions across 2 enactments

AI extract

Indian Penal Code364(A)¶15
Code of Criminal Procedure161¶21

Procedural history

How this case reached the court

AI extract

Order under challenge
Impugned order dated 24.01.2024 passed by the learned A.C.J.M. 4th, Begusarai, which this Court states it perused along with the case diary and F.I.R.¶21
A.C.J.M. 4th, Begusarai · 24.01.2024
Prior proceeding
Case arises out of PS Case No. 332 of 2023, Thana Sahebpur Kamal, District Begusarai; petitioner seeks bail in connection with S. Kamal P.S. Case No. 332 of 2023 instituted for offences punishable under Section 364(A) of the Indian Penal Code.¶15
Prior proceeding
Prosecution case: on 04.12.2023 the husband of the informant was kidnapped; unknown persons demanded a ransom of Rs. Two lakh twenty thousand and threatened to kill her husband if she did not pay.¶16
Prior proceeding
Name of the petitioner transpired from the confession statement of co-accused Aniket Chakarbarti.¶19
Prior proceeding
Per case diary Paragraph '15', petitioner's name also transpired from the statement under Section 161 Cr.P.C. of the victim, Brajesh Yadav, and from the confessional statement of co-accused Aniket Chakarbarti, who was arrested by the police; ransom of Rs. Two lakh twenty thousand rupees was demanded with threat to kill the informant's husband.¶21

Parties & counsel

AI extract

petitioner
Subhash Kumar Paswan Son of Rahul @ Ganesh Pawan Resident of VillageRailway Colony, P.S. Sadar, District- Purnea¶5
Mr. Ashok Yadav
respondent
The State of Bihar¶8
Mr. Mritunjay Kumar Nirala

Coram

AI extract

Ramesh Chand Malviyaauthor¶10

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 20 Apr 2024 · April
Registered: 27 Feb 2024
Case no.: CR. MISC./16959/2024
CNR: BRHC010189412024
Bench: Ramesh Chand Malviya
Disposal: DISMISSED
Case type: Criminal Miscellaneous

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Cite this judgement

Subhash Kumar Paswan v. The State of Bihar, CR. MISC./16959/2024 (PAT), decided on 20 April 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Indian Penal Code364(A)
Code of Criminal Procedure161

View all statutes

Procedural history5

Impugned order dated 24.01.2024 passed by the learned A.C.J.M. 4th, Begusarai, which this Court states it perused along with the case diary and F.I.R.A.C.J.M. 4th, Begusarai · 24.01.2024
Case arises out of PS Case No. 332 of 2023, Thana Sahebpur Kamal, District Begusarai; petitioner seeks bail in connection with S. Kamal P.S. Case No. 332 of 2023 instituted for offences punishable under Section 364(A) of the Indian Penal Code.
Prosecution case: on 04.12.2023 the husband of the informant was kidnapped; unknown persons demanded a ransom of Rs. Two lakh twenty thousand and threatened to kill her husband if she did not pay.

View full history

Bench / Coram

Ramesh Chand Malviya

Parties & counsel