Lalu Paswan @ Lal Babu Paswan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59794 of 2023 Arising Out of PS. Case No.-23 Year-2022 Thana- INARWA District- West Champaran ====================================================== LALU PASWAN @ LAL BABU PASWAN RAM S/O LATE BASDEO PASWAN @ BASUDEV PASWAN R/O VILLAGE- BARWA PARSAUNI, WARD NO.-2, PS. INARWA, DIST. WEST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-12-2023

1. Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

2. The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Inarwa P.S. Case No. 23 of 2022, for the offences punishable under Sections 147, 148, 149, 302, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act, inasmuch as the earlier prayer of the petitioner for grant of regular bail was rejected by this Court, by an order dated 18.01.2023, passed in Criminal Miscellaneous No. 56729 of 2022.

3. The allegation is that while the informant alongwith his brother, nephew and others were sitting at their house, the

Patna High Court CR. MISC. No.59794 of 2023(2) dt.08-12-2023 2/3 accused persons including the petitioner herein had arrived there, whereafter the co-accused person, namely, Awadesh Paswan had caught hold of the brother of the informant, whereupon the co-accused persons, namely, Sadhu Paswan and the petitioner had inflicted sword blows on the right and left leg of the brother of the informant resulting in blood vessel being cut and him being inflicted with grievous injuries. It is further alleged that, thereafter, the co-accused person, namely, Ravi Paswan had fired gunshots on the right side of the chest of the brother of the informant resulting in his death.

4. The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 12.03.2022, hence a sympathetic view be taken and the petitioner be granted the privilege of regular bail.

5. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, this Court finds that there is no change in the circumstances so as to warrant re-consideration of the prayer of the petitioner for grant of regular bail, apart from the fact that

Patna High Court CR. MISC. No.59794 of 2023(2) dt.08-12-2023 3/3 the aforesaid order dated 18.01.2023, is a detailed order, which has considered all the aspects and only then the prayer of the petitioner for grant of regular bail was rejected, hence, I do not find any merit in the present petition, thus the same stands dismissed.

(Mohit Kumar Shah, J) sonal/- U T