Patna High Court - Orders
Laxmikant Paswan vs The State Of Bihar on 16 April, 2024
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82210 of 2023
Arising Out of PS. Case No.-95 Year-2019 Thana- DEV District- Aurangabad
======================================================
LAXMIKANT PASWAN S/O GANESH PASWAN VILLAGE-
KOTHILLAWA, PS. LUTUA, 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. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 16-04-20241. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Dev P.S. Case no. 95 of 2019 (G.R. no.1399 of 2019) registered under sections 307, 147, 148, 149, 353, 386, 124A, 121, 121A and 122 of the Indian Penal Code, sections 25(1-A), 25(1-AA) 25(1-B)(a), 26, 27 and 35 of the Arms Act, sections 3 and 4 of the Explosive Substance Act, sections 16, 20, 38, 39 and 40 of the Unlawful Activities (Prevention) Act, 1967 and section 17 of CLA Act.
3. As per the prosecution case, on receiving secret information about naxalites having gathered, a raid was Patna High Court CR. MISC. No.82210 of 2023(5) dt.16-04-2024 2/3 conducted by the informant and other personnel belonging to CRPF etc. It is stated that there was counter firing by the extremists with foreign weapons in which at least one of the officers sustained gunshot injury. However, as a result of firing by the police personnel the naxalites escaped, large number of arms and ammunition, details of which have been given in the FIR, were recovered and three naxalites were killed in the occurrence. The petitioner was amongst the naxalites identified in the occurrence.
4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He has no concern with the alleged occurrence. He is in custody since 13.6.2023 and chargesheet has been submitted in the case.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., large number of bullets having been fired on the police personnel which led to one of the officers being injured besides three extremists having been killed, large recovery of arms and ammunition including materials for carrying out IED blast and the petitioner being named in the FIR, the Court is not inclined to enlarge Patna High Court CR. MISC. No.82210 of 2023(5) dt.16-04-2024 3/3 the petitioner on bail and the application is rejected.
7. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J) Bibhash/-
U T