Brahmachari Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10546 of 2025 Arising Out of PS. Case No.-114 Year-2024 Thana- Shahpur P.S. District- Nawada ====================================================== Brahmachari Manoj Kumar S/O Late Ram Pukar Yadav @ Rampukar Yadav R/O- Bachhwara, PS- Bachhwara, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Adv.
For the Opposite Party/s :
Mr. Rabindra Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-08-2025 Heard the parties.
2. The petitioner seeks bail in connection with Shahpur P.S. Case No. 114 of 2024 registered for the offence under Sections 126(2), 115(2), 103(1) and 3(5) of BNS and Section 27 of Arms Act.
3. The petitioner is named in the F.I.R. and is in custody since 16.11.2024.
4. As per FIR, some unknown persons open fire upon informant and his daughter while they arrived near to "Parvati pahar" while coming from Cambridge High School, Koderma.
5. Learned counsel appearing on behalf of the
2/4 petitioner submitted that the petitioner was the informant of this case where during the course of occurrence his daughter was shot dead by unknown persons but during investigation since no motorcycle was found roaming in area as per CCTV footage and alleged firing was made from very close range having charred wound, informant suspected behind the crime and, therefore, implicated with present case for murder of his own daughter. It is submitted that during investigation the confessional of petitioner was recorded, where he confessed that his daughter was in relation with some Shivam of district Buxar, which was objected by him and therefore he killed his daughter. It is submitted that his confessional statement is of no evidentiary value and in furtherance of same even Shivam was not examined. No independent witnesses during course of investigation supported the involvement of petitioner in crime in question. It is pointed out that no seizer of CCTV footage was made during investigations and several bullet marks were found
3/4 upon car and window glass, as per seizure, list corroborating the statement of petitioner being informant that they were attacked by unknown miscreants. It is submitted that to investigate this case as find out the real culprits the investigating agency implicated this petitioner who was the informant and father of the deceased by projecting the theory of honor killing without having cogent material. While concluding the argument, it is submitted that petitioner claimed to be a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP while opposing the prayer of bail could not disputed the aforesaid factual submission as advanced by learned counsel appearing for the petitioner.
7. In view of aforesaid factual submission and by taking note of fact as alleged CCTV footage which was prima-facie basis of implication of petitioner, not seized
4/4 during investigations and, moreover, as charring wound only create a suspicion qua close range firing only suggest suspicion against petitioner who was originally the informant of crime in question, coupled with fact that investigation has already been completed, where petitioner remains in custody since 16.11.2024, accordingly petitioner above named, is directed to be released on bail in connection with Shahpur P.S. Case No. 114 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM VI, Nawada /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T