Laxmikant Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82455 of 2023 Arising Out of PS. Case No.-155 Year-2018 Thana- DEV District- Aurangabad ====================================================== LAXMIKANT PASWAN SON OF GANESH PASWAN R/O VILLAGE - KOTHILLAWA, P.S.- LATUA, DIST.- GAYA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Mukul Kumari, Advocate For the Opposite Party/s :
Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-05-2024 Heard Ms. Mukul Kumari, learned counsel for the petitioner and Mr. Braj Kishore Prasad, learned APP for the State.
2. Petitioner seeks bail, who is in custody since 13.06.2023, in connection with Deo P.S. Case No. 155 of 2018, G.R. No. 2236 of 2018, F.I.R. dated 30.12.2018 registered for the offences punishable under Sections 147, 148, 149, 307, 302, 353, 436, 435, 395, 121, 121(A), 122, 124(A), 120(B) of the Indian Penal Code, Sections 3⁄4 of the Explosive Substance Act and Sections 16, 17, 18, 20, 38, 40 of Unlawful Activities (Prevention) Act, 1967.
3. Allegation against the petitioner is that he along with other co-accused persons have planted many explosive
Patna High Court CR. MISC. No.82455 of 2023(6) dt.10-05-2024 2/3 substances to harm security forces.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that as per allegation in the F.I.R. the petitioner along with other co-accused persons have committed the crime in question. He further submits that although there is altogether 61 persons are named in the F.I.R. including the petitioner and as per allegation in the F.I.R. that the petitioner along with other co-accused persons have planted many explosive substances to harm security forces which is general and omnibus allegation and there is no specific allegation against the petitioner.
5. Learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the F.I.R. and the F.I.R. was instituted in the year 2018 and the petitioner was absconding for the last five years and lastly he surrendered before the Court below in the year 2023 and apart from the petitioner carries six more cases other than the present one which are of similar natures.
6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Deo P.S.
Patna High Court CR. MISC. No.82455 of 2023(6) dt.10-05-2024 3/3 Case No. 155 of 2018, G.R. No. 2236 of 2018 pending in the Court of learned Chief Judicial Magistrate, Aurangabad.
7. Prayer is refused.
(Rajesh Kumar Verma, J) Ibrar//- U T