Lala Alias Harendra Paswan Alias Lal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33588 of 2020 Arising Out of PS. Case No.-302 Year-2020 Thana- FATUA District- Patna ====================================================== 1.

Lala alias Harendra Paswan alias Lal Paswan, Son of Rajendra Paswan resident Machhariawan, P.S.-Fatuhas, Dist-Patna. 2.

Jathu alias Brij Mohan Paswan alias Jathu Paswan, Son of Rajendra Paswan resident Machhariawan, P.S.-Fatuhas, Dist-Patna. 3.

Dabloo Kumar alias Dabloo Paswan, Son of Rajendra Paswan, resident Machhariawan, P.S.-Fatuhas, Dist-Patna.

4.

Teni Paswan, Son of Rajendra Paswan resident Machhariawan, P.S.-Fatuhas, Dist-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Mohan For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-03-2021 Heard Mr. Tilak Sao, learned counsel for the petitioners and Mr. Sanjay Kumar Tiwary, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Fatuha P. S. Case No. 302 of 2020, dated 23.04.2020, instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 379 and 504 of the Indian Penal Code and Sections 27 of the Arms Act, 1959.

Patna High Court CR. MISC. No.33588 of 2020(2) dt.12-03-2021 2/3 The petitioners are said to have opened fire, leading to gun shot injuries on five persons. The learned counsel for the petitioners has submitted that there is a counter version of the occurrence and the injuries suffered by the so called victims are all simple in nature but they are gun shot injuries.

Regard being had to the fact that five persons have been injured by gun shot, I am not inclined to grant anticipatory bail to the petitioners, notwithstanding the fact that nothing specific has been attributed against anyone of the petitioners.

The prayer for anticipatory bail is rejected. However, if the petitioners surrender before the court below and seek bail, the court below shall take into account that there is counter version of the occurrence and that the injuries are simple in nature and shall pass orders in accordance with law, without being prejudiced by the fact that the present petition has not been

Patna High Court CR. MISC. No.33588 of 2020(2) dt.12-03-2021 3/3 entertained by this Court.

(Ashutosh Kumar, J) skm/- U T