Manu Paswan @ Mannu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32644 of 2023 Arising Out of PS. Case No.-1396 Year-2022 Thana- BIHTA District- Patna ====================================================== Manu Paswan @ Mannu Paswan, Son of Panchu Paswan, R/o VillageRaghopur, Bihta, P.S.-Bihta, Dist-Patna. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2.

The accused/petitioner seeks bail in connection with Bihta P.S. Case No.1396 of 2022 registered for the offences punishable under Sections 302 and 201 read with 34 of the Indian Penal Code.

3.

The accused/petitioner is not named in the FIR and is in custody since 28.12.2023.

4.

As per FIR, some unknown persons committed murder of husband of informant, where informant noticed injuries over face, forehead and eyes of the deceased-husband. The dead body was lying over boring office.

5.

It is submitted by learned counsel that the name of petitioner surfaced during the course of investigation on the basis of suspicion on the basis of secret input as provided by

Patna High Court CR. MISC. No.32644 of 2023(3) dt.11-08-2023 2/3 police spy. It is submitted that it was the petitioner who informed the informant regarding occurrence and dead body of her deceased-husband but, instead of investigating the matter, police implicated this petitioner after obtaining his selfconfession, having inculpatory statement as to commit murder of husband of informant, where petitioner confessed that he had illicit relation with informant. It is submitted that save and except suspicion arises out of self-confession made before the police, nothing appears incriminating against this petitioner as to connect him with present occurrence of murder. While concluding argument, it is submitted that investigation of this case is completed for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence. 6.

Learned APP opposes the prayer for grant of bail to the petitioner.

7.

In view of above-mentioned facts and circumstances and by taking note of fact as save and except suspicion arises out of self-confession, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 28.12.2023, accordingly, the petitioner, abovenamed, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.32644 of 2023(3) dt.11-08-2023 3/3 amount each to the satisfaction of the learned A.D.J.-VI, Danapur at Patna in connection with Bihta P.S. Case No.1396 of 2022, subject to the conditions as laid down under Section 437(3) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T