Manoj Paswan @ Manoj Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12635 of 2023 Arising Out of PS. Case No.-224 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== MANOJ PASWAN @ MANOJ KUMAR PASWAN Son of Late Bhuvaneshwari Paswan R/v- Gauripur, Ward No. 07, P.S.- Singheshwar, District- Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

As per allegation in the FIR, over a hot discussion between the deceased and other accused persons including the petitioner, co-accused Ajay Bhagat and Raja Bhagat have pressed his neck and specific allegation against the petitioner is that he was pressing is hydrocile as a result of which, he died. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. In the background of the alleged occurrence, there was a minor scuffle

Patna High Court CR. MISC. No.12635 of 2023(2) dt.12-05-2023 2/2 over throwing the garbage in the common lane. No sign of external and visible injury has been found on the body of the deceased. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 23.12.2022 passed in Cr. Misc. No. 44290 of 2022. Petitioner is languishing in judicial custody since 29.09.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Madhepura in connection with Singeshwar P.S. Case No. 224 of 2021.

(Sunil Kumar Panwar, J) sushma/- U