Single judge allowed pre-arrest bail in a murder case. Holding that strong suspicion cannot replace proof, court directed release upon furnishing bond within four weeks subject to conditions.
Petitioner directed to be released on pre-arrest bail upon arrest or surrender within four weeks on furnishing bond of Rs. 25,000.
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.53306 of 2023
Arising Out of PS. Case No.-124 Year-2022 Thana- NATHNAGAR District- Bhagalpur
======================================================
Panku Paswan @ Pankaj Paswan, aged about 27 years, Male, Son of Late Ram Paswan, resident of Village- Gosaindaspur, P.S. - Nathnagar, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Syed Masleh Uddin Ashraf, Advocate For the Opposite Party/s : Mr. Anil Kumar, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
3 13-12-2023
Heard Mr. Syed Masleh Uddin Ashraf, learned counsel appearing on behalf of the petitioner and Mr. Anil Kumar, learned APP for the State.
Patna High Court CR. MISC. No.53306 of 2023(3) dt.13-12-2023 2/5
incidence with respect to the murder of the mother of the informant. Brother of the petitioner is Chaukidaar and the father of the informant is a veteran criminal and due to enmity, the petitioner has been implicated in a false case. Learned counsel further submitted that suspicion raised on the basis of tower location and C.D.R. details that the petitioner was near the place of occurrence and C.D.R. details shows that he was in communication with some of the accused persons named in the FIR. Learned counsel further submitted that law is well settled that a strong suspicion, howsoever, cannot take the place of proof. He further submitted that two other accused persons, namely, Brajesh Kumar Mandal @ Brajesh Kumar and Kuli Mandal @ Kuldeep Mandal, who have been named in the FIR have already been released on pre-arrest bail by a co-ordinate Bench of this Court vide order dated 14.11.2022 passed in Criminal Miscellaneous No. 26924 of 2022. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
Patna High Court CR. MISC. No.53306 of 2023(3) dt.13-12-2023 3/5
petitioner was in directed touch with the some of the accused persons named in the FIR, who had enmity with the husband of the deceased and that led to the commission of murder of the mother of the informant. There is strong suspicion that petitioner was present at the place of occurrence as per the tower location and C.D.R. details. The petitioner does not deserve to be released on pre-arrest bail taking into consideration the serious nature of allegation.
Patna High Court CR. MISC. No.53306 of 2023(3) dt.13-12-2023 4/5
informant is a veteran criminal and due to enmity, the petitioner has been implicated in the present case. The independent witnesses have not supported the allegation that petitioner is the one, who had committed the murder of the mother of the informant. Minuscule evidence has been collected against the petitioner and other accused persons namely, Brajesh Kumar Mandal @ Brajesh Kumar and Kuli Mandal @ Kuldeep Mandal, who have been named in the FIR have already been released on pre-arrest bail by a co-ordinate Bench of this Court vide order dated 14.11.2022 passed in Criminal Miscellaneous No. 26924 of 2022. Law is well settled that a strong suspicion, howsoever, cannot take the place of proof. Petitioner has clean antecedent. I am of the opinion that petitioner has, prima facie , made out a case to be released on pre-arrest bail.
Patna High Court CR. MISC. No.53306 of 2023(3) dt.13-12-2023 5/5
(Purnendu Singh, J)
Niraj/-
U T
3 issues framed by the court
Whether the petitioner satisfies the prima facie conditions to be granted pre-arrest bail in a murder case.
Whether strong suspicion based on tower location and CDR details constitutes sufficient proof of guilt to deny bail.
Whether the petitioner's antecedents allow the grant of bail in a serious offence.
1 provisions across 1 enactments
Panku Paswan @ Pankaj Paswan
The State of Bihar
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
