Patna High Court

Bhadyi PaswanversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL GRANTED
Bench: PRAVEEN KUMAR

Holding

The Court held that bail should be granted to the petitioner under the circumstances.

Summary

The petitioner, Bhadyi Paswan, a 70‑year‑old father‑in‑law of the deceased, applied for regular bail in a dowry‑death case (Karza P.S. Case No. 267 of 2025) where the offence is punishable under Section 80 of the B.N.S. He argued that he has no criminal antecedents, is suffering from age‑related ailments, and that the death was due to asphyxia from hanging, not directly caused by him. The State and the informant opposed bail, contending that the petitioner had taken an active part in the murder. The Court considered the petitioner’s age, health, lack of prior record, the nature of the charge, and the fact that the charge‑sheet had been filed without any allegation of tampering. It ordered that the petitioner be released on bail upon furnishing a bail‑bond of Rs 10,000 with two sureties of the same amount. The application for bail was therefore allowed.

Issues considered

Whether bail should be granted to an accused aged above 70 with health issues in a dowry‑death case under Section 80 of the B.N.S.
Whether the presumption of innocence and lack of prior criminal record outweigh the allegation of active participation in the offence.

Legislation cited

B.N.S. — s. 80

Subjects

dowry death
bail
Section 80
criminal procedure
age and health considerations
presumption of innocence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11159 of 2026
                      Arising Out of PS. Case No.-267 Year-2025 Thana- KARJA District- Muzaffarpur
                 ======================================================
                 Bhadyi Paswan S/o Late Jailal Paswan R/o vill - Barkagaon, P.S.- Karza,
                 Distt.- Muzaffarpur

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nachiketa Jha, Advocate
                 For the Opposite Party/s :        Mr. Anil Kumar, APP
                 For the Informant/s      :        Mr. Bipin Chandra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   01-04-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Karza P.S. Case No. 267

                   of 2025 dated 20.09.2025 registered for the offences punishable

                   under Section 80 of B.N.S.

                                3. As per the allegation, the marriage of daughter of

                   the informant was performed in June 2024 with co-accused

                   Chandan Kumar. Thereafter, the demand of Rs. 5 lakhs in cash

                   and Appachy motorcycle were made and due to non-fulfillment

                   of the same, the daughter of the informant was tortured. Under a

                   conspiracy on 19.09.2025, all the accused persons killed the

                   daughter of the informant for non-fulfillment of dowry.
Patna High Court CR. MISC. No.11159 of 2026(4) dt.01-04-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that

          petitioner happens to be old father-in-law of the deceased who is

          aged above 70 years old and suffering from old age diseases. It

          has been further submitted that there is general and omnibus

          allegation against the petitioner and there is no external and

          internal injury on the person of the deceased which is clear from

          the post-mortem report and the death was opined to be due to

          asphyxia as a result of hanging, the presumption would not lie

          against this petitioner. It is further submitted that petitioner is in

          custody since 21.09.2025 having no criminal antecedent. It has

          been further submitted that charge-sheet has been filed and there

          is no allegation of tampering.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant have vehemently opposed the prayer for bail of

          the petitioner and learned counsel for the informant further

          submits that though petitioner is father-in-law but has taken

          active part in the commission of the offence.

                       6. Considering the facts and circumstances of the case

          as well as the period of custody, the petitioner above-named is

          directed to be enlarged on bail on furnishing bail-bond of

          Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned Court concerned,
           Patna High Court CR. MISC. No.11159 of 2026(4) dt.01-04-2026
                                                       3/3




                     Muzaffarpur (West) in connection with Karza P.S. Case No. 267

                     of 2025.

                                  7. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T

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