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Patna High CourtCR. MISC./85962/2024bail granted

Manoj Paswan @ Manoj Kumar @ Manoj Kumar Paswan v. The State Of Bihar

2025-04-09Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85962 of 2024 Arising Out of PS. Case No.-144 Year-2024 Thana- KURSAILA District- Katihar ====================================================== Manoj Paswan @ Manoj Kumar @ Manoj Kumar Paswan S/O Late Makhru Paswan Resident of Village- Rajendra Park Dumariya PS- Kursela DistrictKatihar ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 86435 of 2024 Arising Out of PS. Case No.-144 Year-2024 Thana- KURSAILA District- Katihar ====================================================== Anka Paswan @ Ankit Paswan Son of Late Makhru Paswan Resident of Village- Rajendra Park Dumariya PS- Kursela District -Katihar ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 85962 of 2024) For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr.Bimal Kumar, Adv.

For the State :

Mr. Shailendra Kumar, APP (In CRIMINAL MISCELLANEOUS No. 86435 of 2024) For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr.Bimal Kumar, Adv.

For the State :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-04-2025 Heard learned counsel for the petitioners as well as learned APP for the State.

2. In this case, the petitioners are seeking regular bail in connection with Kursela P.S. Case No. 144 of 2024, registered for the offences punishable under Sections 103(1),

Patna High Court CR. MISC. No.85962 of 2024(4) dt.09-04-2025 2/3 238, 3(5) of the BNS, 2023.

3. As per FIR, on 10.08.2024, co-accused Anita Devi called the husband of the informant and took him to her house. The informant alleges that after one hour, co-accused Anita Devi came to her and said that her husband had hanged himself. On getting the information, the informant went to Anita Devi's house and saw her her husband's dead body hanging. The informant has firm belief that all the accused persons, named in the FIR, killed her husband and hanged him.

4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. They are nephews of co-accused Anita Devi against whom some material emerged during the course of investigation, having love and affection with the deceased. He has submitted further that when there was love and affection between co-accused Anita Devi and the deceased, it is unexplainable why she would be a party to the collusion in the commission of the murder of the deceased. The petitioners are under custody since 13.08.2024.

5. On the other hand, Shri Shailendra Kumar, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and

Patna High Court CR. MISC. No.85962 of 2024(4) dt.09-04-2025 3/3 circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Kursela P.S. Case No. 144 of 2024, subject to the following condition that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. (Nawneet Kumar Pandey, J) kundan/- U T