Munna Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39940 of 2020 Arising Out of PS. Case No.-131 Year-2020 Thana- HASPURA District- Aurangabad ====================================================== MUNNA PASWAN S/o Late Damodar Paswan, Resident of Village- Dhamani Tola, Ajad Bigha, P.S.- Haspura, Distt- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar No.6, Adv.

For the Opposite Party/s :

Mr.Rajendra Pd. Nat, APP For the Informant : Mrs.Leelawati Kumari, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-03-2021 Heard the parties.

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

Prosecution case in brief is that the father of the informant went for a walk and in the meantime the informant and his family members after taking meal went to sleep but in the morning brother of the informant that his father was handed from a Kahua Tree in the north side of his house and thereafter, they went there and got down the dead body. It is alleged that his father used to live in the house of the co-accused Shakuntala Devi as such the informant claims that his father was killed by Shakuntala Devi and other FIR, named accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.39940 of 2020(3) dt.22-03-2021 2/2 case. He further submits that the FIR, has been lodged under Section 302 of the I.P.C. later on the police after investigation filed charge sheet under Section 306/34 of the I.P.C. There is no any eye witness in the present case, only on the suspicion the petitioner and other accused persons have been made accused in this case. The petitioner is languishing in judicial custody since 30.07.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. The co-accused have been granted bail by this Hon'ble Court vide order dated 15.03.2021 passed in Cr. Misc. No.3094/2021.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Haspura P.S. Case No. 131/2020 to the satisfaction of learned Court below where the case is pending. (Anjani Kumar Sharan, J) amitkumar/- U T