Patna High Court
Raju PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail where the petitioner had no alleged role in the homicide and a clean antecedent, but denied bail where the petitioner was alleged to be the principal assailant in a fatal stabbing.
Summary
The Patna High Court heard two separate bail applications arising from the same police case (No.126 of 2025) involving offences under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023. The first petitioner, Chandan Mahto, asserted that he had no role in the killing of the deceased, had a clean record and had been in custody since 12‑Nov‑2025; the court, noting his innocence and clean antecedents, granted regular bail on a bond of Rs.10,000 with two sureties. The second petitioner, Raju Paswan, was alleged by the prosecution to be the assailant who inflicted a fatal stab wound with a sharp‑edged weapon; despite his claim of innocence and clean antecedent, the court considered the gravity of the alleged homicide and dismissed his bail application. The judgments were limited to the bail applications and did not prejudice the merits of the underlying criminal trial.
Issues considered
- What is the appropriate exercise of discretion in granting regular bail under Sections 103(1) and 3(5) of the B.N.S., 2023?
- Does the petitioner’s alleged involvement in the homicide preclude the grant of bail?
- Do the petitioner’s clean antecedent and period of custody favor bail?
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5)
Subjects
- regular bail
- bail discretion
- Bihar Narcotic Substances Act
- Section 103
- Section 3
- clean antecedent
- homicide allegation
- sharp‑edged weapon
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7138 of 2026
Arising Out of PS. Case No.-126 Year-2025 Thana- BANGARA District- Samastipur
======================================================
Chandan Mahto @ Chandan Kumar Son of Mahesh Mahto @ Dhorai Mahto
Resident of Village - Dadri Dhanraj P.S. - Bangra, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 15100 of 2026
Arising Out of PS. Case No.-126 Year-2025 Thana- BANGARA District- Samastipur
======================================================
Raju Paswan S/o Kanhai Paswan Resident of Village- Aasha Dadri, P.S.-
Bangra, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 7138 of 2026)
For the Petitioner/s : Mr. Abhay Shanker Singh
For the Opposite Party/s : Mr. Pranav Kumar
(In CRIMINAL MISCELLANEOUS No. 15100 of 2026)
For the Petitioner/s : Mr. Dilip Kumar Roy
For the Opposite Party/s : Mr. Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-04-2026 Cr. Miscellaneous No. 7138 of 2026
Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
N. H. Bangra P.S. Case No. 126 of 2025 registered for the
offence under Sections 103(1), 3(5) of the B.N.S., 2023.
3. One Raju Paswan is the assailant of the deceased.
The petitioner has no role in the killing of the deceased.
Patna High Court CR. MISC. No.7138 of 2026(4) dt.09-04-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 12.11.2025 and has clean
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case and also clean antecedent of the petitioner, period of
custody, this application for grant of regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned S.D.J.M., Samastipur/concerned court
below in connection with N. H. Bangra P.S. Case No. 126 of
2025.
Cr. Miscellaneous No. 15100 of 2026
8. Heard the learned counsel for the petitioner and
learned APP for the State.
9. The petitioner seeks regular bail in connection with
N. H. Bangra P.S. Case No. 126 of 2025 registered for the
offence under Sections 103(1), 3(5) of the B.N.S., 2023.
10. As per prosecution case, petitioner is the assailant
Patna High Court CR. MISC. No.7138 of 2026(4) dt.09-04-2026
3/3
of the deceased. He is said to have given a blow by sharp edged
weapon in the stomach of the deceased resulting in his death.
11. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 18.11.2025 and has clean
antecedent.
12. Learned A.P.P. for the State has vehemently
opposed the prayer for bail and submits that there is direct
allegation of killing the deceased against the petitioner.
13. Considering the gravity of offence against the
petitioner, this application is dismissed.
14. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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