Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76929 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- CHANDAUTI District- Gaya ====================================================== Mukesh Paswan, S/O Late Dilip Paswan, R/O- Village Jamune, P.SChandauti , District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Prasad Singh, Sr. Advocate Ms. Shakhi Deep, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Chandauti P.S. Case No. 57 of 2024 registered for the offence punishable under Sections 302/201 of the Indian Penal Code.

3. The case of the prosecution is that the informant received an informantion that one unidentified body is lying in the field which is beheaded. The informant accordingly informed the S.H.O., went to the place of the occurrence and found that one unidentified dead body was there, which was beheaded and it was not being identified there then in para 23 of the case diary, father of the deceased has identified the dead body be the body of Mithilesh Kumar @ Teju Yadav.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.76929 of 2024(3) dt.18-01-2025 2/2 offence. He has been falsely implicated in this case. During investigation, one Chandan was apprehended. He has given his confessional statement and in his confessional statement, he has stated that he along with petitioner has killed the deceased. This petitioner has also given his confessional statement. There is nothing except confessional statement of co-accused and petitioner and confessional statement has got no evidentiary value in the eye of law. Petitioner is languishing in judicial custody since 14.06.2024.

5. The application for bail is opposed by learned APP for the State and submitted petitioner is having criminal antecedent of three cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case , this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-V, Gaya, in connection with Chandauti P.S. Case No. 57 of 2024.

(Ashok Kumar Pandey, J) lata/- U T