High Court rejected bail to petitioner charged with murder under Sections 103(1) and 3(5) of BNS, directing expedited trial due to offence nature and presence of confessional statement.
Prayer for bail rejected; direction to court below to expedite trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70409 of 2024
Arising Out of PS. Case No.-149 Year-2024 Thana- DHANAHA District- West Champaran
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Manish Sharma @ Manish S/O Shambhu Sharma @ Shambhu R/O VillageKhalaritola, P.S- Dhanaha, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Adv. For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
3 02-12-2024
Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
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present case merely on the basis of suspicion as also due to previous enmity with the deceased. Learned counsel for the petitioner submits that the fardbeyan was recorded near the door of Prahlad Kushwaha but, it is not mentioned either in the F.I.R. or during investigation as to how and on whose information, the S.H.O. of Dhanaha police station, who recorded the Informant’s fardbeyan, reached at the place of occurrence and, thus, it appears that the actual F.I.R. has been suppressed in this case and, thus, the fardbeyan of the Informant is hit by Section 162 of the Cr.P.C. He further submits that the Informant is not the eye-witness to the alleged occurrence nor anybody has claimed to have seen the occurrence and, thus, there is no eye-witness to the alleged occurrence. Learned counsel for the petitioner further submits that the police to give different colour to the occurrence apprehended the petitioner and got his confessional statement recorded showing involvement of the petitioner in the occurrence. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the
Patna High Court CR. MISC. No.70409 of 2024(3) dt.02-12-2024 3/4
alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 10.07.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.
has vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner is named in the F.I.R. and there is serious allegation against him of being involved in commission of murder of the deceased. He further submits that there is a statement of the witness contained in Para-4 of the case diary, it appears that there was a love affair between the deceased and the sister of Manish Sharma and may be that being annoyed with illicit relation of deceased and his sister, Manish Sharma killed the deceased. The petitioner in his confessional statement has also confessed his guilt which is contained in Para-13 of the case diary. The postmortem report also supports the prosecution case. The Investigating Officer, after completion of investigation, has submitted charge-sheet against the petitioner for offence under Sections 103(1)/3(5) of the B.N.S. The offence alleged is serious in
Patna High Court CR. MISC. No.70409 of 2024(3) dt.02-12-2024 4/4
nature and, hence, the petitioner does not deserve bail.
(Rudra Prakash Mishra, J)
rishi/-
1 issue framed by the court
Whether bail should be granted to the petitioner accused of murder under Bhartiya Nyaya Sanhita.
Manish Sharma
The State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
