Manegar Paswan @ Manger Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69700 of 2019 Arising Out of PS. Case No.-217 Year-2019 Thana- BARHARA District- Bhojpur ====================================================== MANEGAR PASWAN @ MANGER PASWAN S/o Saral Pasavan R/o village- Manichhapra, P.S.- Barahara, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar For the Opposite Party/s :
Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Barahara P.S. Case No. 217 of 2019, registered for the offence punishable under Sections 302, 34 and 120(B) of the Indian Penal Code.
Informant in his fardbeyan has stated that his son Krishna Rai had gone to attend Tilak Ceremony on 18.06.2016 in the house of Kanhaiya Roy and after dinner his younger son Laxman Rai returned back but his elder son Krishna Rai did not return till morning and next day on 19.06.2019 a dead body was found who was identified as his son Krishna Rai. He has raised suspicion against Chunnu Rai, Akshay Rai and Pradeep Rai and has further stated that his
Patna High Court CR. MISC. No.69700 of 2019(2) dt.10-01-2020 2/3 son had love affair with the daughter of Ganesh Rai and for that reason the son of Ganesh Rai, Chunnu Rai with his friends Akshay Rai and Pradeep Rai has killed his son and thrown the dead body.
The learned counsel for the petitioner has submitted that the petitioner has not been named in the FIR and his name has transpired on account of the fact that he is friend of the main accused persons, who have been named in the FIR. It is further submitted that the FIR named accused persons, namely, Akshay Rai and Pradeep Kumar Rai @ Pradeep Rai have already been granted regular bail by coordinate Benches of this Court vide orders dated 27.11.2019 and 4.11.2019 passed in Criminal Miscellaneous No. 54143 of 2019 and Criminal Miscellaneous No. 61157 of 2019. It is further submitted that similarly situated co-accused persons have also been granted bail vide order dated 2.12.2019, passed by a coordinate Bench of this Court, in Criminal Miscellaneous No. 78398 of 2019. Lastly, it is submitted that the petitioner is having a clean antecedent and he is languishing in custody since 23.6.2019.
Having regard the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the parity of the case of the
Patna High Court CR. MISC. No.69700 of 2019(2) dt.10-01-2020 3/3 petitioner with those of the co-accused persons, who have already been granted regular bail by the coordinate Benches of this Court, I deem it fit and proper to direct for release of the petitioner on regular bail.
Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate at Bhojpur at Ara in connection with Barahara P.S. Case No. 217 of 2019. (Mohit Kumar Shah, J) ajay gupta/- U T