Darogi Paswan @ Mahendra Paswan @ Mahendr Pasvawn v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49523 of 2025 Arising Out of PS. Case No.-114 Year-2025 Thana- ISLAMPUR District- Nalanda ====================================================== Darogi Paswan @ Mahendra Paswan @ Mahendr Pasvawn son of Late Munshi Paswan Vill -Wajitpur (Barnausi), Ps -Silao Dist -Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Ranjan, Adv.

For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Islampur P.S. Case No. 114 of 2025 instituted for the offences under Section 103(1) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, the accusation against the petitioner is of committing murder of the Informant's wife by strangulation.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. Except suspicion, there is noting adverse against the petitioner. There is no eye-witness to

Patna High Court CR. MISC. No.49523 of 2025(3) dt.09-10-2025 2/3 the alleged occurrence. He further submits that there is delay of four days in lodging the F.I.R. that too without there being any plausible explanation for the same which creates doubt in the veracity of the prosecution case. The police arrested the petitioner and recorded his confessional statement which has got no evidentiary value in the eye of law. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 09.03.2025 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. The petitioner has also confessed his guilt of committing murder of the deceased by strangulation. The postmortem report supports the prosecution case. The petitioner is named in the F.I.R. and, hence, he does not deserve bail of this Court. The Investigating Officer, after completion of investigation, has submitted chargesheet against the petitioner for offence under Section 103(1) of the Bhartiya Nyaya Sanhita, 2023.

6. Having heard learned counsel for the parties and keeping in view the nature of allegation, gravity of the offence,

Patna High Court CR. MISC. No.49523 of 2025(3) dt.09-10-2025 3/3 materials available in the case diary and the postmortem report of the deceased, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously preferably within a period of five months from today. If the trial is not concluded within the period of five months as stated above, the petitioner will be at liberty to renew his prayer before the court below.

(Rudra Prakash Mishra, J) rishi/- U T