Laxmikant Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84641 of 2023 Arising Out of PS. Case No.-401 Year-2022 Thana- MADANPUR 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 :

Mr.Mukul Kumari For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 353, 307, 120(B) of the Indian Penal Code, Sections 25(1-B) a, 26, 35 of the Arms Act, Sections 3/4/5 of the Explosive Substance Act and Sections 16/18/13/20 of the U.A.P Act.

The allegation against all the F.I.R named accused persons including the petitioner is of hiding explosive substances and other firearms as part of the conspiracy for the Naxalite organization with the aim of

Patna High Court CR. MISC. No.84641 of 2023(2) dt.10-01-2024 2/3 causing harm to the police force.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with any Naxalite organization or the apprehended accused persons. The petitioner is languishing in custody since 13.06.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.84641 of 2023(2) dt.10-01-2024 3/3 Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 401 of 2022(G.R. No. 1777/2022). (Sunil Kumar Panwar, J) Shageer/- U T