Patna High Court
Arvind Paswan @ Arbind PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner with conditions.
Summary
Arvind Paswan was charged under Sections 126(2), 115(2) and 130(1) of the B.N.S. for allegedly throwing a grindstone at his pregnant wife, leading to her death. The petitioner claimed innocence, arguing the incident was a spontaneous act without premeditation and that he had no prior criminal record. The State opposed bail, emphasizing the seriousness of the assault and the petitioner’s relationship to the deceased. The Court considered the facts, the petitioner’s custody since December 2024, and his willingness to cooperate, and decided to grant regular bail on a cash bond with two sureties and specific conditions. The bail order includes requirements for personal appearance and provisions for cancellation if evidence is tampered with.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with serious offences under Sections 126(2), 115(2) and 130(1) of the B.N.S.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 130(1)
Subjects
- bail
- regular bail
- criminal procedure
- assault
- homicide
- B.N.S.
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1510 of 2026
Arising Out of PS. Case No.-160 Year-2024 Thana- Piplawa District- Patna
======================================================
Arvind Paswan @ Arbind Paswan S/o Late Mohan Paswan R/o Village -
Rampur Hasan Lai, Police Station- IIT Amhara, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 07-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sessions Trial No. 1759
of 2025 (arising out of Piplawa P.S. Case No. 160 of 2024)
registered for the offences punishable under Sections 126(2),
115(2), 130(1) of the B.N.S.
3. As per the prosecution case, the daughter of the
informant came to her parental home stating that her mother-in-
law is selling the land. It is alleged that on 05.10.2024, her
husband Arvind Paswan came to his sasural and started
quarreling with his wife and subsequently he lifted the grind
stone (jaata) and threw it on her wife Gudiya Devi (daughter of
the informant), who was pregnant for two months. Upon alarm
Patna High Court CR. MISC. No.1510 of 2026(4) dt.07-04-2026
2/3
being raised, the informant and other person came to rescue her,
thereafter, she was firstly taken to the nearby hospital and from
there she was referred to AIIMS, Patna, for further treatment,
subsequently she died during course of the treatment.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that the alleged
occurrence took place at the parental home of the petitioner’s
deceased wife, and no case was instituted for several days while
the deceased remained under medical treatment. Moreover, it
has been submitted that the petitioner was unarmed and in a heat
of passion and spur of moment, due to intervening quarrel, he
threw grindstone (jaata). It has further been submitted that there
is neither any repetition of blow nor any further assault by any
weapon or in any parts of the body of the deceased. The charges
have been framed in this case. Lastly, it has been submitted that
the petitioner has clean criminal antecedent and is in custody
since 02.12.2024 and he undertakes to co-operate in the trial.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and has submitted that the
petitioner is the husband of the deceased and there is specific
allegation of assault against him, hence, he does not deserve the
Patna High Court CR. MISC. No.1510 of 2026(4) dt.07-04-2026
3/3
liberty of bail.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Patna, Sessions Trial No. 1759 of
2025 (arising out of Piplawa P.S. Case No. 160 of 2024), with
condition(s):-
(i) The petitioner is directed to
remain physically present before the learned
Court below on each and every date, failure
on two consecutive dates without reasonable
cause, the bail bonds of the petitioner would
be liable to be cancelled.
(ii) If the petitioner tampers with
the evidence, the prosecution shall be at
liberty to file appropriate application for
cancellation of the bail-bonds of the
petitioner.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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