Manish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45347 of 2021 Arising Out of PS. Case No.-325 Year-2019 Thana- MANIYARI District- Muzaffarpur ====================================================== MANISH PASWAN, Son of Arjun Paswan R/o Village - Methurapur, P.S. - Maniyari, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-01-2022 Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor for the State. This application, for grant of regular bail, arises out of Maniyari Police Station Case No. 325 of 2019, disclosing offences under Section 302, 120(B)/34 of the Indian Penal Code.

The learned counsel submits that the petitioner is in custody since 23.01.2021 and is a person with clean antecedent and charge-sheet has been submitted. The learned counsel further submits that though the FIR was instituted under Section 302 and other allied Section of the IPC but police after investigation submitted charge-sheet under Section 306 of the IPC. The learned counsel submits that the informant in the FIR alleges that on 11.12.2019, he received information that his

Patna High Court CR. MISC. No.45347 of 2021(2) dt.05-01-2022 2/3 daughter had died and accordingly he reached the matrimonial home of his daughter and found her dead body and when he inquired secretly, he came to know petitioner along with other named accused persons have killed her.

Learned counsel for the petitioner submits that deceased was married to Sanoj Paswan and this petitioner is the brother of Sanoj Paswan, as such, is the Dewar of the deceased and he has been falsely implicated in this case, as would be evident from the FIR itself that the informant though alleges that he received secret information about killing of his daughter but does not disclose the source by which he was informed that who killed his daughter.

The learned APP opposes the prayer for bail.

Considering the fact that the petitioner is in custody since 23.01.2021, chargesheet has been submitted and petitioner is a person with clean antecedent and is the Dewar of the deceased, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Muzaffarpur, in connection with Maniyari Police Station Case

Patna High Court CR. MISC. No.45347 of 2021(2) dt.05-01-2022 3/3 No. 325 of 2019.

The application stands allowed.

(Satyavrat Verma, J) sanjeev/-Risi U T