Sintu Kumar @ Sintu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79892 of 2023 Arising Out of PS. Case No.-322 Year-2023 Thana- TEKARI District- Gaya ====================================================== Sintu Kumar @ Sintu Paswan Son Of Devendra Paswan @ Devnandan Paswan R/O Village- Bhagehar, P.S.- Barachatti, Dist.- Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Tekari instituted for the offence under Sections 302/34 of the Indian Penal Code.

3. As per allegation in the FIR, it is alleged on 17.5.2023 the widow mother of the informant was sleeping in house but in next morning, he found his mother was killed with sharp cut weapon. The informant suspected that the petitioner with help of others committed murder of his mother.

4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has falsely been implicated in this case. The informant only raised

Patna High Court CR. MISC. No.79892 of 2023(3) dt.16-01-2024 2/3 suspicion against the petitioner. No one is eye witness of the alleged occurrence. The petitioner has got no criminal antecedent as stated in para -3 of the bail petition and he is languishing in judicial custody since 24.5.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is named in the FIR against whom the informant raised strong suspicion for committing murder of his mother. There is specific allegation in FIR against the petitioner. During investigation, the petitioner was arrested who confessed his guilt vide para 17 of the case diary in which he stated that he committed murder of the deceased by means of axe. At the instance of confessional statement of the petitioner, one axe was recovered which is said to have been used in the alleged crime. Postmortem report corroborates the prosecution case in which doctor opined the cause of death is Hemorrhage & Shock caused by hard & sharp cut object. It is also submitted that witnesses of this case have supported the prosecution version.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.79892 of 2023(3) dt.16-01-2024 3/3

7. The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Amandeep/- U T