Patna High Court

Abhijeet PaswanversusThe State of Bihar

Decided: 23 April 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

The court held that the appellant is entitled to bail despite the serious nature of the charges, as his alleged involvement was limited to concealing the body, and therefore set aside the order denying bail.

Summary

The appellant, Abhijeet Paswan, appealed against the Special Judge's order rejecting his bail application in a case involving murder and related offences under the IPC, Arms Act and SC/ST (POA) Act. He had been in custody since October 2025 and claimed innocence, asserting that he only helped conceal the body and was not the assailant. The State and the informant opposed bail, citing the seriousness of the charges including Sections 302, 307, 336, 201, 120B, 34 of the IPC and provisions of the Arms Act. The Patna High Court, after considering the nature of the allegations and the appellant's alleged role, allowed the bail application and set aside the earlier order. Consequently, the appellant was ordered to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount.

Issues considered

Whether bail can be granted to an accused charged with murder, attempt to murder, and other serious offences under the IPC, Arms Act and SC/ST (POA) Act.
Whether the appellant's alleged participation limited to concealing the body affects his eligibility for bail.
Whether the Special Judge's denial of bail was legally erroneous.

Legislation cited

Arms Act — s. 17/25(g), 27
Indian Penal Code — s. 120B, 201, 302, 307, 336, 34
SC/ST (Prevention of Atrocities) Act — s. 3(2)(va)

Subjects

bail
murder
IPC
Arms Act
SC/ST (POA) Act
criminal procedure
pre‑trial detention
concealment of body
conspiracy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.175 of 2026
                 Arising Out of PS. Case No.-280 Year-2023 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
                 Abhijeet Paswan S/o Akhilesh Paswan @ Akhalesh Paswan @ Sri Prabhakar
                 Paswan Resident of village - Sisahni, P.S.- Pakaridayal, Distt.- East
                 Champaran
                                                                      ... ... Appellant/s
                                                  Versus
           1.     The State of Bihar Bihar
           2.     Sunita Devi W/o Jai Kishore Paswan R/o vill - Sisahni, ward no. 15, P.S.-
                  Pakaridayal, Distt.- East Champaran
                                                                        ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Abhishek Kumar
                                                 Ms. Harsha Shaswat
                 For the Respondent/s    :       Mr.Sadanand Paswan
                 For the Informant       :       Mr. Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   23-04-2026                     Heard the parties including the learned counsel for

                   the informant.

                                2. The instant appeal has been filed by the appellant

                   against the order dated 22.11.2025 passed by the learned Special

                   Judge, SC/ST (POA) Court, East Champaran, Motihari whereby

                   the bail application of the appellant in                   connection with

                   Pakhridayal P.S. Case No. 280 of 2023 registered for the offence

                   under Sections 302, 307, 336, 201, 120B, 34 of the Indian Penal

                   Code, 17/25(g), 27 of the Arms Act and under Sections 3(2)(va)

                   of SC/ST (POA) Act, was rejected.

                                3. The appellant and others are said to have killed the

                   deceased.
          Patna High Court CR. APP (SJ) No.175 of 2026(3) dt.23-04-2026
                                                       2/2




                                 4. The appellant is in custody since 13.10.2025.

                                 5. Learned counsel for the appellant has submitted

                    that the appellant is innocent and has falsely been implicated in

                    this case. She further submits that from reading of the FIR, it

                    appears that the appellant is not the assailant of the deceased

                    and he has only participated in concealing the body of the

                    deceased.

                                 6. Learned Special P.P. for the State and informant

                    have vehemently opposed the prayer for grant of bail to the

                    appellant.

                                 7. Considering the facts of the case and also

                    considering the nature of allegation levelled against the

                    appellant, this application is allowed and accordingly, the order

                    dated 22.11.2025, is hereby set aside.

                                 8. Let the appellant be released on bail upon

                    furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand)

                    with two sureties of the like amount each to the satisfaction of

                    Court below/concerned Court in connection with Pakhridayal

                    P.S. Case No. 280 of 2023.


                                                                (Sandeep Kumar, J)
Vikas/-
U

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