Patna High Court

Gaurav Paswan @ Gora Paswan @ Gaurav Paswan Gora @ GoraversusThe State of Bihar

Decided: 29 April 2026
Disposal: REJECTED
Bench: RAJESH KUMAR VERMA

Holding

Bail was refused as the court was not inclined to enlarge the petitioner on bail.

Summary

The petitioner, Gaurav Paswan, sought bail while in custody since June 4, 2025 for alleged involvement in a dowry death under Sections 80(2), 85, 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner claimed a clean antecedent, alleged that the FIR was false, delayed, and that he was implicated merely because he was the husband of the deceased. The prosecution, relying on the case diary and post‑mortem report, argued that the petitioner had committed murder. The bench examined the material on record, found the prosecution’s evidence sufficient to deny bail, and refused the bail application. The court also directed the trial court to expedite the trial and conclude it at the earliest.

Issues considered

Whether bail should be granted to the petitioner accused of dowry death under the cited statutes
Whether the FIR and investigation provide sufficient grounds to justify continued detention

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 3(5), 80(2), 85
Dowry Prohibition Act — s. 3, 4

Subjects

bail
dowry death
criminal procedure
post‑mortem report
investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1248 of 2026
                         Arising Out of PS. Case No.-53 Year-2025 Thana- ALIPUR District- Gaya
                 ======================================================
                 Gaurav Paswan @ Gora Paswan @ Gaurav Paswan Gora @ Gora S/O
                 Suryadev Paswan Resident of Village- Agar, P.S.- Alipur, District- Gayaji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Yogesh Kumar, Advocate
                 For the Opposite Party/s :       Mr.Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   29-04-2026                    Heard Mr.Yogesh Kumar, learned counsel for the

                   petitioner, learned counsel for the informant and                       Mr.Ram

                   Sumiran Rai,         learned Additional Public Prosecutor for the

                   State.

                                2. The petitioner seeks bail, who is in custody since

                   04.06.2025 in connection with Alipur P.S. Case No. 53 of 2025,

                   F.I.R. dated 18.03.2025 registered for the offence punishable

                   under Sections 80(2), 85,3(5) of of BNS,2023 and Section 3/4

                   of Dowry Prohibition Act.

                                3. Allegation against the petitioner is that she

                   alongwith other co-accused persons have in furtherance of their

                   common intention committed the dowry death of the sister of

                   the informant.

                                4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.1248 of 2026(5) dt.29-04-2026
                                            2/3




          submits that the petitioner has clean antecedent. The allegation

          as alleged in the FIR is false and fabricated and the petitioner

          has not committed any offence as alleged in the FIR and

          petitioner has been made accused in the present case merely on

          the ground that he is husband of the deceased. It appears from

          the FIR that the date of occurrence as alleged in the FIR is

          16.03.2025 but the present FIR has been instituted on

          18.03.2025 after delay of two days afterthought only to falsely

          implicate the petitioner in the present case, apart from the

          aforesaid, nothing has come during investigation against the

          petitioner to suggest the involvement of the petitioner in the

          present occurrence.

                       5. Learned counsel for the informant and learned

          A.P.P. for the State, on the basis of the material available on the

          record and the case diary, have vehemently opposed the prayer

          for bail of the petitioner and submits that it has come during

          investigation in paragraph-46 and 47 of the case diary that the

          petitioner has committed murder to the deceased, apart from

          that, the postmortem report of the deceased fully supported the

          case of the prosecution as alleged in the FIR.

                       6. Considering the aforesaid facts, I am not inclined

          to enlarge the petitioner on bail in connection with Alipur P.S.
               Patna High Court CR. MISC. No.1248 of 2026(5) dt.29-04-2026
                                                           3/3




                         Case No. 53 of 2025, pending in the court of learned Additional

                         Chief Judicial Magistrate-VI, Gayaji.

                                      7. Prayer is refused.

                                      8. However, the learned Trial Court is directed to

                         expedite the trial and conclude the same at the earliest.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T

Continue reading with your account

Checking your session…