Muneshwar Paswan @ Bhuneshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23756 of 2020 Arising Out of PS. Case No.-141 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== MUNESHWAR PASWAN @ BHUNESHWAR PASWAN Son of Shahdev Paswan Resident of Village-Laxmipur, Bariyarpur, P.S-Piri Bazar, DistrictLakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr .Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-11-2020 Heard Mr. Manoj Kumar, learned counsel for the petitioner and Mr. Upendra Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Piri Bazar P.S. Case No. 141 of 2019 registered for the offences punishable under Sections 302, 201 and 120(B)/34 of the Indian Penal Code 1860.

The allegation as per the First Information Report is that husband of the informant had gone towards the western side of the village along with animals for grazing, but did not return. Subsequently, his dead body was found lying in the bush. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.23756 of 2020(5) dt.26-11-2020 2/3 and he has falsely been implicated in this case on the basis of suspicion only. Learned counsel further submits that the petitioner has been remanded in this case from Piri Bazar P.S. Case No. 115 of 2019 registered under Sections 147, 148, 149, 307, 353, 120(b) of the Indian Penal Code, Sections 25(1-b), 9, 26, 27, 35 of the Arms Act and Sections 16, 18 and 20 of the U.P.A. Act. Learned counsel also submits that on the basis of confessional statement of the petitioner as well as other coaccused persons, the petitioner has been made accused in this case.

On the other hand, learned counsel for the State referring to the case diary submits that the confessional statement of the petitioner as well as other co-accused persons vividly described the manner in which the crime was committed and the petitioner along with other co-accused persons was member of the Naxal group. Learned counsel further submits that the postmortem report corroborates the manner in which the deceased was killed.

Having heard learned counsel for the parties and taking into consideration the materials on record, I am not inclined to grant regular bail to the petitioner at this stage. Accordingly, the prayer for bail of the petitioner

Patna High Court CR. MISC. No.23756 of 2020(5) dt.26-11-2020 3/3 stands rejected.

However, the petitioner may renew his prayer for bail after one year if the trial does not show any progress. (Anil Kumar Sinha, J) S.Ali/- U T