Mani Paswan @ Manikant Paswan @ Manikant v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3246 of 2025 Arising Out of PS. Case No.-34 Year-2012 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Mani Paswan @ Manikant Paswan @ Manikant Son of Late Mahendra Paswan Resident of Village - Sukhasani, P.S. - Udakishunganj, District - Madhepura (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Anand, Advocate For the Opposite Party/s :

Mr. N.N. Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2025 Heard Mr. Akash Anand, learned counsel for the petitioner and Mr. N.N. Tiwari, learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Udakishunganj P.S. Case No. 34 of 2012 instituted for the offences under Sections 302, 201, 120B, 34 of the Indian Penal Code.

3. Allegation against the accused persons is of commission of murder of the informant's son.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.3246 of 2025(3) dt.22-04-2025 2/3 Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation only on the basis of a fact that this petitioner was seen with the deceased about a month ago before the alleged occurrence took place. No specific overt act is alleged against the petitioner. There is no eyewitness to the occurrence. Learned counsel further submitted that I.O. examined several witnesses but not a single independent eye-witness has supported the case of the prosecution. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.03.2024 and has eleven criminal antecedents. Learned counsel for the petitioner further submitted that several co-accused persons have been granted bail by coordinate Benches of this Court as per Annexure-P/2 Series to the present bail application.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being no cogent material against the petitioner to prove his involvement in the alleged offence, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing

Patna High Court CR. MISC. No.3246 of 2025(3) dt.22-04-2025 3/3 of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Udakishunganj P.S. Case No. 34 of 2012, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T