Patna High Court

Mallu PaswanversusThe State of Bihar

Decided: 2 April 2026
Disposal: BAIL REJECTED
Bench: PURNENDU SINGH

Holding

The Court held that pre‑arrest bail could not be granted given the serious nature of the allegations.

Summary

Mallu Paswan applied for pre‑arrest bail in connection with a case registered under Sections 302, 201 and 34 of the Indian Penal Code. The petitioner argued that bail should be granted pending investigation. The Court examined the seriousness of the alleged offences, which include murder, culpable homicide not amounting to murder and conspiracy. Considering the grave nature of the allegations, the Court was not inclined to enlarge bail. Consequently, the application for pre‑arrest bail was rejected.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail for offences under Sections 302, 201 and 34 IPC

Legislation cited

Indian Penal Code — s. 201, 302, 34

Subjects

pre‑arrest bail
Indian Penal Code
Section 302
Section 201
Section 34
murder
conspiracy
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.150 of 2026
                    Arising Out of PS. Case No.-246 Year-2024 Thana- MADANPUR District- Aurangabad
                  ======================================================
                  Mallu Paswan S/O Pravesh Paswan R/O Village - Purnadih, P.S-
                  Madanpur,Dist- Aurangabad

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Ms.Kumari Chandna, Advocate
                  For the Opposite Party/s :      Mr.Satya Nand Shukla, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

3    02-04-2026                  Heard learned counsel appearing on behalf of the

                    petitioner and learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                    with Madanpur P.S. Case No. 246/2026 registered for the

                    offence(s) punishable under Sections 302,201,34, of the IPC.

                                 3. Considering the nature of allegation made in the

                    FIR, I am not inclined to enlarge the petitioner on pre-arrest

                    bail.

                                 4. Accordingly the present application stands rejected.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T

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