Patna High Court – Orders
Laxman Paswan @ Lakshman Pasawan vs The State Of Bihar on 20 December, 2024
Author: Ashok Kumar Pandey
Bench: Ashok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87538 of 2024
Arising Out of PS. Case No.-119 Year-2024 Thana- OBRA District- Aurangabad
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Laxman Paswan @ Lakshman Pasawan S/o Bhichhan Paswan R/o vill -
Koraipur, (Ramlagan bigha), P.S.- Obra, Distt.- Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 20-12-2024
Heard learned counsel for the petitioner and learned
Mr. Bharat Lal, APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Obra P.S. Case No. 119 of 2024 instituted for
the offence under Sections 341, 342, 323, 308, 379, 506 and 34
of the Indian Penal Code.
3.The case of the prosecution is that on 25.03.2024 at
about 8.00 A.M., the informant along with her in-laws had
gpone to harest the masoori crop. The informant found that
Binod Paswan and Manjita Devi, resident of Obra along with
her daughter were carrying away the crop. They have taken
away altogether a part of the crop. Her villager arrived there.
They were 25 to 30 in number. The informant could identify the
Patna High Court CR. MISC. No.87538 of 2024(2) dt.20-12-2024
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petitioner along with other co-accused persons who started
assaulting. It is further alleged that one Manoj Yadav received
head injury.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in this
case. There is also a counter version of this case. There is no
specific overt act of assaulting against the petitioner rather
general and omnibus allegation has been attributed against him.
From perusal of the order of the trial Court, it transpires that the
nature of injury is simple. A statement has been made in para- 3
of this petition that the petitioner has got no criminal antecedent.
Similarly situated other co-accused person has already been
granted bail by this Court vide order dated 18.10.2024 in Cr.
Misc. No. 68838 of 2024.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
Patna High Court CR. MISC. No.87538 of 2024(2) dt.20-12-2024
3/3
in connection with Obra P.S. Case No. 119 of 2024, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned Sub-Divisional Judicial Magistrate,
Daudnagar, Aurangabad (Bihar) subject to the conditions as laid
down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J)
lata/-
U T
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