Lalan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43081 of 2023 Arising Out of PS. Case No.-794 Year-2022 Thana- GAURICHAK District- Patna ====================================================== Lalan Paswan S/O Inder Paswan R/O Village- Sudiha, Ps. Gaurichak, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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

3. The petitioner has preferred this application for grant of regular bail in connection with Gaurichak P.S. Case No. 794 of 2022 dated 28.11.2022 registered u/ss 302 and 120B read with section 34 of the Indian Penal Code and 27 of the Arms Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have shot the informant's son dead.

5. Learned counsel for the petitioner has submitted that the petitioners is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.43081 of 2023(2) dt.20-07-2023 2/2 this case. The main allegation of firing on the informant's son is against the co-accused Mani Paswan and Subodh Paswan due to that the informant's son died. Similarly situated co-accused person has already been granted bail by the co-ordinate bench of this court vide order dated 12.07.2023 passed in Cr. Misc. No. 35698 of 2023. The petitioner has got one more criminal case in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 02.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, are directed to be enlarged on bail on furnishing bailbond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna City in connection with Gaurichak P.S. Case No. 794 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T