Lallu Paswan @ Lalu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68028 of 2021 Arising Out of PS. Case No.-69 Year-2020 Thana- ASHTHAWAN District- Nalanda ====================================================== 1.
Lallu Paswan @ Lalu Paswan Son of Firant Lal Paswan Resident of Village - Ganichak, Police Station - Asthawan, District - Nalanda. 2.
Mala Paswan Son of Firant Lal Paswan Resident of Village - Ganichak, Police Station - Asthawan, District - Nalanda. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabindra Prasad Singh For the Opposite Party/s :
Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2022 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in connection with Asthawan P.S. Case No.69 of 2020, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
The petitioners and other co-accused persons are said to have come to the darwaza of the informant variously armed with country made pistol. It is alleged that co-accused, Rudal Paswan ordered to kill him upon which co-accused, Rakesh Kumar @ Hareram Paswan fired upon the informant by a country made pistol. When the family members and neighbours
Patna High Court CR. MISC. No.68028 of 2021(3) dt.22-08-2022 2/3 came there, the accused persons fled away. Thereafter when the informant along with his family members was going to police station to lodge the case, the accused persons including the petitioners and some unknown persons came there. Co-accused, Rakesh Kumar @ Hareram Paswan again fired upon the deceased with his country made pistol causing bullet injury in his right thigh. When the villagers and family members of the informant came there, the accused persons fled away from the place of occurrence.
Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the specific allegation of firing is against co-accused, Rakesh Kumar @ Hareram Paswan. It is also submitted that the there is case and counter case between the parties.
The learned APP for the State opposed the prayer for anticipatory bail of the petitioners.
Taking into consideration the facts that the allegations are general and omnibus against the petitioners and there is case and counter case between the parties, let petitioners, above
Patna High Court CR. MISC. No.68028 of 2021(3) dt.22-08-2022 3/3 named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Bihar Sharif in connection with Asthawan P.S. Case No.69 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J) Sanjay/- U T