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Patna High Court

Santu PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, finding no specific act attributable to him and deeming continued custody unnecessary.

Summary

The petitioner, Santu Paswan, was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting an informant and her relatives, resulting in the death of the informant's father‑in‑law. The prosecution alleged that Paswan, along with co‑accused, used an iron rod and danda to inflict serious injuries. Paswan contended that he was innocent, that the allegations were omnibus and no specific overt act was attributed to him, and pointed to a similar bail grant to co‑accused Pappu Paswan. The State opposed bail, citing the gravity of the offences. The Court, after considering the facts, the period of custody since 1‑Oct‑2025, and the lack of specific incriminating act against Paswan, allowed the regular bail application on 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 offences alleged under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the prosecution has established a specific overt act linking the petitioner to the alleged assault and homicide.

Legislation cited

Subjects

  • regular bail
  • assault
  • homicide
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13637 of 2026
                     Arising Out of PS. Case No.-165 Year-2025 Thana- ATHMALGOLA District- Patna
                 ======================================================
                 Santu Paswan S/o Lalan Paswan R/o Village - Sundar Nagar, P.S -
                 Athmalgola, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Akash Shankar , Advocate
                                                 Mr. Nausheen Fatma, Advocate
                                                 Mr. Raj Kumar , Advocate
                                                 Ms. Archana Kushwaha, Advocate
                 For the Opposite Party/s :      Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   13-05-2026                            Heard learned counsel for the petitioner and

                   learned A.P.P. for the State .

                                   2. Petitioner seeks regular bail for the offences

                   punishable under Sections 126(2), 115(2), 109(1), 324(4), 352,

                   351(2), 3(5), 74 of Bharatiya Nyaya Sanhita, 2023 .

                                 3 . As per prosecution case, this petitioner along with

                   other co-accused persons came to the house of the informant

                   and started abusing and when informant opposed,                       accused

                   persons started assaulting her. When father-in-law of the

                   informant came to her rescue, then co-accused Sanni Paswan

                   assaulted him on his head with iron rod, causing fracture and he

                   fell down. The father-in-law of the informant was further
Patna High Court CR. MISC. No.13637 of 2026(3) dt.13-05-2026
                                            2/3




          assaulted by co-accused persons by means of danda and iron

          rod. It is further alleged that accused persons also assalted the

          son of agnate of the informant and also damaged the vehicle of

          the informant parked in the premises. The father-in-law of the

          informant succumbed to injuries.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence as alleged.

          Specific accusation is against other co-accused persons.

          Allegation is general and omnibus against this petitioner. No

          specific overt act is alleged against him. Moreover, co-accused

          Pappu Paswan having similar and identical allegations has

          already been granted bail by this Hon’ble Court vide order dated

          18.11.2025 in Cr. Misc. No. 54929 of 2025 . Petitioner is in

          custody since         1.10.2025 . Chargesheet has already been

          submitted.

                       5 . Learned A.P.P. for the State opposes the bail

          application of the petitioner.

                        6. Considering the aforesaid facts and circumstances

          of the case and period of custody , the bail application is

          allowed. Let the above named petitioner be released on bail on

          furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of the learned
            Patna High Court CR. MISC. No.13637 of 2026(3) dt.13-05-2026
                                                        3/3




                      Sub Divisional Judicial Magistrate, Barh, Patna/court concerned

                      in connection with Athmalgola P.S. Case No. 165 of 2025 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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