Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65383 of 2025 Arising Out of PS. Case No.-95 Year-2019 Thana- DEV District- Aurangabad ====================================================== Laxmikant Paswan S/O Ganesh Paswan R/O Village- Kothillawa, P.S- Lutua, District- 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. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 3 31-10-2025
1. Heard learned counsel for the parties. 2. The petitioner has renewed his prayer for grant of regular bail in connection with Dev P.S. Case no.95 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 the C.L.A. Act. 3. As per the prosecution case, on receiving secret information about naxalites having gathered, a raid was 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
Patna High Court CR. MISC. No.65383 of 2025(3) dt.31-10-2025 2/3 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 F.I.R. 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 earlier application for bail of the petitioner was rejected vide order dated 16.4.2024 passed in Cr. Misc. no.82210 of 2023 directing the learned trial Court to expedite the trial. Inspite of the petitioner having remained in custody since 13.6.2023 and cooperating in the trial, there is no progress whatsoever in the learned trial Court and no chance of the trial concluding in the near future. The petitioner undertakes to cooperate in the trial and to abide by any condition which may be laid by this Court for his release on bail. 5. The application for bail is opposed by learned A.P.P. for the State. 6.
A report was called for from the learned trial Court. As per the report received contained in letter dated 26.9.2025 of the learned Additional District and Sessions Judge-X, Aurangabad, three out of the eleven witnesses have been
Patna High Court CR. MISC. No.65383 of 2025(3) dt.31-10-2025 3/3 examined on behalf of the prosecution. 7. Having heard learned counsel for the parties and taking into consideration the nature allegations in the F.I.R. according to which a large number of accused persons including the petitioner herein are said to have resorted to firing upon the police personnel leaving one of the officers being injured besides three extremists being killed in the cross-firing together with large recovery of arms and ammunition including materials for carrying IED blast, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. avinash/- (Partha Sarthy, J) U T