Manish Yadav @ Chandra Prakash Paswan @ Jhataku Paswan @ Jhataku Yadav @ Manish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2033 of 2016 Arising Out of PS.Case No. -155 Year- 2015 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Manish Yadav @ Chandra Prakash Paswan @ Jhataku Paswan @ Jhataku Yadav @ Manish s/o Alagu Yadav, R/o Village Pachwaniya, P.S. Chakiya, Distt. Chandauli (U.P.) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-03-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Kudra P.S. Case No. 155 of 2015 registered for the offence punishable under Section 302 of the Indian Penal Code.

Allegedly, the petitioner was residing in rented room in the house of the informant and the dead body of his wife was found, having injuries of assault and further the petitioner was in the room in the evening of the occurrence and he was in drunken stage and accordingly it is stated that petitioner after killing his wife fled away.

Submission is of false implication and that no one has seen the petitioner committing the crime, the petitioner is a poor truck cleaner. During investigation also no legal material has come, the petitioner was not present on that date and the police after adopting third degree method, has got recorded confessional

Patna High Court Cr.Misc. No.2033 of 2016 (3) dt.11-03-2016 2/2 statement of petitioner and, as such, he deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of bail by submitting that in the room from where dead body was recovered, the petitioner was residing with his wife and witnesses have seen the petitioner in the evening of the occurrence and he was in drunken stage.

In the facts and circumstances stated above, considering that there is no eye witness of the occurrence and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Session Judge - 3rd, Kaimur at Bhabua in connection with Kudra P.S. Case No. 155 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T