Patna High Court

Amar Paswan @ Amar KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

The court granted bail to the petitioners, subject to cash bond and sureties.

Summary

The petitioners, Amar Paswan and his son Pintu Kumar, were arrested in connection with a case alleging murder and related offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the deceased, Deepak Kumar, was assaulted and his body burnt, while the defence argued that the death was a suicide and that the petitioners have clean antecedents. The petitioners sought bail, contending that the evidence points to suicide and that they have been in custody for several months without trial. The State opposed bail, citing the seriousness of the charges. After considering the submissions and the circumstances, the court ordered bail on the condition of a cash bond and sureties. The application for bail was therefore allowed.

Issues considered

Whether bail should be granted to the accused in a case involving alleged murder and related offences under the Bharatiya Nyaya Sanhita, 2023
Whether the death of the deceased can be characterized as suicide, affecting the bail decision

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 108, 238, 3(5)

Subjects

bail
criminal procedure
murder
suicide
Bharatiya Nyaya Sanhita
Sections 103(1)
Section 238
Section 3(5)
Section 108
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.114 of 2026
                    Arising Out of PS. Case No.-297 Year-2024 Thana- BHAGWANPUR District- Vaishali
                 ======================================================
           1.     Amar Paswan @ Amar Kumar, aged about 40 years, Male, son of Late
                  Manak Paswan,
           2.    Pintu Kumar @ Pintu Paswan, aged about 19 years, Male, son of Amar
                 Paswan @ Amar Kumar,
                 Both R/O village- Kiratpur Raja Ram, P.S.- Bhagwanpur, Dist- Vaishali
                                                                          ... ... Petitioner/s

                                                       Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hemant Kumar, Advocate
                 For the Opposite Party/s :       Ms. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners seek bail in connection with

                   Bhagwanpur PS Case No.297 of 2024 dated 01.11.2024,

                   instituted for the offence punishable under Sections 103(1), 238,

                   3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in brief, is that the informant

                   got information that his brother, Deepak Kumar, has died in his

                   Sasural upon which he went to the Sasural of his brother. On

                   reaching there, he found his father-in-law and brothers-in-law

                   were absconding. On query, he came to know from the villagers

                   that the petitioners and other accused persons have assaulted his
Patna High Court CR. MISC. No.114 of 2026(2) dt.15-01-2026
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          brother to death and his dead body has been burnt in the

          backside of village Kiratpur. The informant went there and

          found the burnt dead body of his brother.

                       4. Learned counsel for the petitioners submits that the

          petitioner no.1 is the father-in-law of the deceased and petitioner

          no.2 is the brother-in-law (sala) of the deceased. The police

          after investigation has submitted charge-sheet under Section 108

          and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Further

          submission is that from the statements recorded in different

          paragraph of the case diary, as mentioned in the impugned order,

          it would appear that the present case is a case of suicide. The

          witnesses have stated that the deceased committed suicide by

          hanging on account of refusal of giving money to him by his

          wife. Lastly, it is submitted that the petitioner no.1 is in custody

          since 21.05.2025 and petitioner no.2 is in custody since

          11.06.2025 having clean antecedents.

                       5. Learned APP has opposed the prayer for bail.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioners be released on bail upon furnishing bail bonds of

          Rs. 10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of the ACJM- VI, Vaishali at
            Patna High Court CR. MISC. No.114 of 2026(2) dt.15-01-2026
                                                        3/3




                      Hajipur, in Bhagwanpur PS Case No.297 of 2024.

                                   7. The application stands allowed.


                                                                   (Khatim Reza, J)
J. Alam/-

U      T

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