Patna High Court
Mukesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Mukesh Paswan was arrested in a case under multiple sections of the Bharatiya Nyaya Sanhita, 2023 alleging extortion and related offences. The petitioner, who has four prior criminal convictions, applied for bail, arguing that the FIR does not specifically implicate him in demanding or receiving the extorted money. The State opposed bail on the ground of his antecedents. The High Court, after considering the submissions, ordered his release on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions including presence before the trial court, verification of antecedents, and regular reporting to the Superintendent of Police. The court also stipulated that any violation of conditions could lead to cancellation of bail. The order clarified that its observations would not affect the trial.
Issues considered
- Whether the petitioner is entitled to bail despite having four prior criminal convictions.
- Whether the FIR provides sufficient prima facie evidence to deny bail.
- Whether the conditions imposed by the court are appropriate to ensure the petitioner’s appearance and prevent misuse of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 127(2), 308(2), 308(6), 308(7), 318(4), 351(2)(3), 61(2)
Subjects
- bail
- extortion
- criminal antecedents
- Bharatiya Nyaya Sanhita
- high court order
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84257 of 2025
Arising out of PS. Case No.-62 Year-2025 Thana- Baijnathpur District- Saharsa
======================================================
Mukesh Paswan S/o Chandeshwari Paswan R/o Vill- Bardaha, P.S.- Par-
manandpur, Distt- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Shekhar Anand, Advocate
For the Opposite Party/s: Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the state.
2. The petitioner seeks bail in a case instituted for the
offences under Sections 126(2), 127(2), 115(2), 308(2), 308(6),
308(7), 318(4), 351(2)(3) and 61(2) of the Bharatiya Nyaya San-
hita, 2023. He has four criminal antecedents.
3. As per the prosecution case, the informant has al-
leged that when he was coming to his house from Patna and at
Saharasa Station, while he was waiting for the train, 5-6 persons
called him outside the station and one person made a phone call,
upon which a Scorpio vehicle having banner of police came
there in which four persons were seated and the informant sus-
pected them to be police person and on being asked from one,
he disclosed his name as Mukesh Paswan (Petitioner) and other
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persons as named in the FIR. It is further alleged that the de-
mand of Rs. 1,00,000/- was made from the informant and when
he denied to meet the said demand he was confined and was
kept in a room where he was brutally assaulted and the matter
was pacified for making payment of Rs. 80,000/-. After manag-
ing of Rs. 80,000/- the father of the informant, gave Rs. 29,000/-
cash and Rs. 25,000/- each by two separate transactions on mo-
bile phone pay.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case merely on sus-
picion. From bare perusal of the FIR, it would be evident that
there is no specific overt act against the petitioner either for de-
manding extortion money or of accepting the extortion money.
It is further submitted that admittedly the amount of Rs.
50,000/- was sent on two mobile phone numbers given by Amar
Jyoti and the petitioner has no concern whatsoever with the said
accused. It is also submitted that the petitioner had in fact been
contacted by the co-accused to identify a person, however, in
due course he has falsely been implicated by the informant
merely because he had accompanied the said co-accused. It is
lastly submitted that the petitioner has four criminal antecedents
and he is in custody since 13.07.2025.
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5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner and
has submitted that the petitioner has four criminal antecedents
as such he should not be released on bail.
6. Considering the aforesaid submissions of learned
counsel and taking into account the fact that the petitioner is in
custody since 13.07.2025, the petitioner above named, is di-
rected to be released on bail on furnishing bail-bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the concerned learned Judicial
Magistrate, 1st Class, Saharsa in connection with Baijnathpur
P.S. Case No. 62 of 2025, subject to the the following condi-
tions:-
(i) One of the bailors will be a
close relative of the petitioner.
(ii) The petitioner will remain
present on each and every date fixed by the
Court below, if so required by the learned Trial
Court.
(iii) In case of absence on two con-
secutive dates or in violation of the terms of the
bail, the bail bond of the petitioner will be liable
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to be canceled by the Court concerned.
(iv) And further condition that the
court below shall verify the criminal antecedent
of the petitioner except four cases and in case at
any stage it is found that the petitioner has con-
cealed his criminal antecedent, the court below
shall take step for cancellation of bail bond of
the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order
shall not be delayed for purpose of the same or
in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. In view of the antecedents of the petitioner, the pe-
titioner is directed to appear before the Superintendent of Police,
Saharsa within fifteen days of his release with a copy of this or-
der and every two weeks thereafter for the next nine months.
The conduct of the petitioner will be kept under watch in this
period by the Superintendent of Police concerned and if it is
found wanting in any respect, a report shall be made to the court
concerned by him to initiate a proceeding for cancellation of
bail for reasons of misuse of bail. After reporting to the Superin-
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tendent of Police, a certificate will be filed by the petitioner be-
fore the court concerned.
(Sourendra Pandey, J)
Vikash/-
U T
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