Patna High Court
Santu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 324(4), 3(5), 351(2), 352, 74
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
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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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