Patna High Court
Tunnu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted to the petitioners.
Summary
The petitioners, three Paswan brothers, were charged under multiple sections of the Bihar Penal Code for allegedly assaulting an informant and her family, resulting in serious injuries and the death of the informant's son, Santosh Paswan. They applied for bail, contending that the informant was not an eye‑witness, the FIR was lodged after an inordinate six‑day delay, and they have clean antecedents. The State opposed the bail, emphasizing the seriousness of the offences. The Court examined the nature of the accusations, the parity with co‑accused who had been granted bail, the length of custody, and the petitioners’ clean records. Finding no compelling reason to deny liberty, the Court allowed the bail application. Consequently, each petitioner was released on a bail bond of Rs 10,000 with two sureties each, subject to the Additional Chief Judicial Magistrate‑VI, Danapur.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the offences charged under the Bihar Penal Code.
- Whether the six‑day delay in filing the FIR and the lack of an eye‑witness affect the merit of the bail application.
- Whether the petitioners’ clean antecedents and parity with co‑accused previously granted bail justify release.
Subjects
- bail
- assault
- homicide
- delay in FIR
- clean antecedents
- parity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14626 of 2026
Arising Out of PS. Case No.-272 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
1. Tunnu Paswan S/O Shivpujan Paswan R/O Ghanshyampur, P.S- Naubatpur,
Distt.- Patna.
2. Bablu Paswan S/O Umesh Paswan @ Biran Paswan R/O Ghanshyampur,
P.S- Naubatpur, Distt.- Patna.
3. Biran Paswan @ Ankit Raj S/O Tunnu Paswan R/O Ghanshyampur, P.S-
Naubatpur, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Nawnit Kumar Tiwary, Advocate
For the State : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek bail in a case registered for the
offence punishable under Sections 126(2), 115(2), 117(2), 109,
118(1), 303(2), 352, 3(5) and 103 of the B.N.S..
3. As per prosecution case, all the F.I.R. named
accused persons, including these petitioners, assaulted informant
and her family members due to which they sustained serious
injuries and while they had gone for their treatment at Referral
Hospital, Naubatpur. Informant received information through a
mobile call that the accused persons have also assaulted her son,
Patna High Court CR. MISC. No.14626 of 2026(2) dt.10-04-2026
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namely Santosh Paswan, who was present at the house and
when the informant returned home after hearing the
information, she found that her son in a seriously injured
condition. It is further stated that Santosh Paswan had to
undergo brain surgery due to the injuries sustained by him in the
assault committed by these petitioners and due to the same, he
died.
4. It is submitted by learned counsel for the petitioners
that petitioners are quite innocent and have committed no
offence. From bare perusal of the F.I.R. it is apparent that
informant is not an eye witness to the occurrence and has not
disclosed the source of information as to how she came to know
about the involvement of these petitioners in the alleged
occurrence. Moreover, the present F.I.R. has been lodged after
inordinate delay of 6 days and there is no plausible explanation
for the same, which itself render the entire prosecution case
doubtful. It is further submitted that similarly situated co-
accused persons have already been granted bail by this Hon’ble
Court vide order dated 27.11.2025 passed in Cr. Misc. No.
79505 of 2025. Charge-sheet has already been submitted and
Petitioner No. 1 is in custody since 24.11.2025 and Petitioner
Nos. 2 and 3 are in custody since 16.12.2025. Petitioners claim
Patna High Court CR. MISC. No.14626 of 2026(2) dt.10-04-2026
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clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, claim based on
parity, period of custody and clean antecedents of the
petitioners, the prayer for grant of bail to the petitioners is
allowed.
7. Accordingly, let the above named petitioners be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-
VIth, Danapur in connection with Naubatpur P.S. Case No. 272
of 2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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