Laljee Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39848 of 2020 Arising Out of PS. Case No.-83 Year-2019 Thana- IMADPUR District- Bhojpur ====================================================== LALJEE PASWAN S/o Ramshrey Paswan R/o village- Rajpur, P.S.- Imadpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar, Adv.

For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 147, 148, 149, 341, 323, 302, 120B, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case is that when the informant was returning with his son from her mustard field, petitioner and other named accused persons along with 5/6 other unknown persons surrounded them. In the meantime, Pachan Paswan fired

Patna High Court CR. MISC. No.39848 of 2020(3) dt.17-03-2021 2/2 on her son as a result of which he sustained gun shot injury and died. Informant also sustained pellet injury. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation against the petitioner. There is specific allegation upon the coaccused Pachan Paswan who fired upon the deceased. He submits that similarly situated co-accused has been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 22627 of 2020 on 10.09.2020. He further submits that petitioner bears no criminal antecedent and he is languishing in judicial custody since 01.05.2020.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Imadpur P.S. Case No. 83 of 2019.

(Anjani Kumar Sharan, J) devendra/- U T