Lalan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28892 of 2024 Arising Out of PS. Case No.-258 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== Lalan Paswan Son of Chandeshwar Paswan, Resident of Village- Baikatpur, PS-Khusrupur, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay, Advocate.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Khushrupur P.S. Case No.258 of 2023 instituted under Sections 147, 148, 149, 341, 323, 337, 427, 307, 504 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution case, in Govindpur village two parties had a quarrel and firing also done. When the police official reached at the place of occurrence accused persons managed to flee away from there.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that there is no specific allegation against the petitioner and only on the basis of suspicion, the name of petitioner has been implicated in this case. It is further submitted that no injury has been caused to anyone. Learned counsel

Patna High Court CR. MISC. No.28892 of 2024(2) dt.17-05-2024 2/2 submits that petitioner has two criminal antecedents, in which he is on bail. He further submits that similarly situated other coaccused persons namely Anil Mahto and Ajit Kumar @ Agite Kumar @ Amit Kumar have been granted anticipatory bail by this Court vide order dated 11.10.2023 passed in Cr. Misc. No.60643 of 2023. He also submits that petitioner undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned J.M.- I, Patna City, Patna in connection with Khushrupur P.S. Case No.258 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Ritik/- U T