Patna High Court
Chandrika PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Chandrika Paswan, a 74‑year‑old petitioner, was arrested in connection with a case (PS‑536/2025) alleging that she, along with others, assaulted the father of an informant with a lathi, danda and bricks, resulting in his death. The prosecution charged her under sections 190, 191(2), 191(3), 115(2), 109(1) and 103(1) of the Bihar Penal Code. The petitioner contended that she was falsely implicated, that the allegations were vague, and that the post‑mortem report showed only simple injuries on the right side of the body, suggesting the death was due to a fall rather than the alleged assault. She also highlighted her advanced age, lack of prior criminal record, and that she had been in judicial custody since 19‑09‑2025. The State opposed the bail application, but the court, after considering the medical evidence, the petitioner’s age and clean record, ordered that she be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious nature of the charges.
- Whether the medical evidence creates reasonable doubt about the petitioner’s involvement in the death.
- Whether the petitioner’s age and lack of criminal antecedents warrant bail.
Subjects
- bail
- criminal procedure
- assault
- homicide
- age
- medical evidence
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6935 of 2026
Arising Out of PS. Case No.-536 Year-2025 Thana- CHANDI District- Nalanda
======================================================
Chandrika Paswan S/o Late Bakhori Paswan R/o vill - Yashwantpur, P.S.-
Chand, Distt.- Nalanda, Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Niraj Kumar, Advocate
For the Opposite Party/s : Mr.Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 190, 191
(2), 191 (3), 115 (2), 109 (1) and 103 (1) of the BNS.
3. The case of the prosecution is that the petitioner
along with others, assaulted the father of the informant with
‘lathi’, ‘danda’ and ‘bricks’, as a result of which he died on the
spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
nature of allegation against the petitioner is general and
omnibus. The petitioner is aged about 74 years. It is further
Patna High Court CR. MISC. No.6935 of 2026(2) dt.10-03-2026
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submitted that from perusal of the postmortem report, it
transpires that the doctor, who conducted the autopsy of the
deceased has found only simple injuries on the person of the
deceased such as lacerated wound present over right side of
forehead, abrasion over nose, bruise over right shoulder,
abrasion behind right ear and abrasion over right knee. It is
further submitted that from perusal of the ante-mortem injuries,
it would transpire that all the injuries were found on the right
side of the body of the deceased. It is further submitted that
actually the deceased had fallen down due to which he sustained
injuries on the right side of the body. It is further submitted that
the doctors who conducted autopsy has opined that the cause of
death was intra cranial hemorrhage which was not caused by the
aforesaid injuries, as the doctor has clearly stated that the ante-
mortem injuries were simple in nature. Moreover, the petitioner
is languishing in judicial custody since 19.09.2025 having no
criminal antecedent.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
Patna High Court CR. MISC. No.6935 of 2026(2) dt.10-03-2026
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bail in connection with Chandi P.S. Case No. 536 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
ACJM -1st, Hilsa, Nalanda.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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