This court dismissed the petitioner's second bail application in a murder case. Considering the serious allegations, the trial's expected duration, and prior witness testimony naming the petitioner as a main assailant, bail was denied.
Bail application rejected; trial to conclude within one year; witnesses to be produced on fixed dates.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12823 of 2020
Arising Out of PS. Case No.-252 Year-2018 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga
======================================================
MANJIT PASWAN @ MANJEET PASWAN, (Male), aged about 26 years, S/o Raj Kumar Paswan, Resident of Sunderpur, Bela, P.S.- L.N.M.U., District- Darbhanga.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr.Kumar Rajeev, Advocate. For the Opposite Party : Mr.Prem Kumar Jha, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 06-11-2020
Due to COVID-19 Pandemic, the matter is being
taken up by way of virtual Court proceeding.
The matter has been listed under the heading ‘For
Orders’ under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case registered for the offence under Sections 302 and 120(B)/34 of the I.P.C.
The prosecution story, in brief, is that the informant Kari Paswan’s son on 28.10.2018 was coming back to his house. In the night at around 9 o’clock when he reached near Bela High School Corner where it was isolated, petitioner and other coaccused surrounded and caught the informant’s son Raman
Patna High Court CR. MISC. No.12823 of 2020(3) dt.06-11-2020 2/3
Kumar Paswan and cut his neck by a sharp cutting weapon and also stabbed him by dagger and killed him. The dogs were barking and upon this, informant’s wife got alarmed and then informant and his wife alongwith their grand-son came out of the house and reached near Bela High School which is close their house. It is further alleged that co-accused Sanjit Paswan and Manjit Paswan (petitioner) had threatened the informant that they will kill the informant or his son. The reason behind the occurrence is land dispute between the parties.
Earlier the bail application of the petitioner was rejected by this Court vide Cr. Misc. No. 15537 of 2019 under order dated 23.07.2019 taking into account that one of the eye witness whose statement has been recorded in paragraph no. 9 of the case diary, named the petitioner as main assailant.
This is second attempt on behalf of the petitioner for grant of bail.
A report was called for from the court below regarding the present stage of the case. It has been reported that the trial is likely to be concluded within a period of one year.
Considering the nature of allegation, I am not inclined to grant bail to the petitioner. The same is rejected in connection with L.N.M.U. P.S. Case No. 252 of 2018, Sessions Trial No.
Patna High Court CR. MISC. No.12823 of 2020(3) dt.06-11-2020 3/3
376 of 2019, pending in the court of learned Additional Sessions Judge-V, Darbhanga.
The court below is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt/production of copy of this order.
The District Magistrate, Darbhanga and the Senior Superintendent of Police, Darbhanga, are also directed to ensure that the prosecution witnesses are produced in the court below on the date fixed by the court below so that the trial could be concluded within the stipulated period.
Let a copy of this order be communicated to the District Magistrate, Darbhanga and the Senior Superintendent of Police, Darbhanga.
(Sudhir Singh, J)
U.K./- U T
1 issue framed by the court
Whether bail should be granted to the petitioner in a murder case pending trial.
1 provisions across 1 enactments
Manjit Paswan @ Manjeet Paswan
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
