Patna High Court
Sarbi PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioners subject to strict conditions.
Summary
Petitioners Sarbi Paswan and Shanti Divi, accused of murder, dowry death and related offences under IPC sections 304B, 120B, 201 and 34, were in custody since 15 June 2025. They contended that they were falsely implicated because they are merely in‑laws of the deceased and have no criminal antecedent. The prosecution opposed bail, emphasizing the seriousness of the charges. The High Court, after considering the custody period, the petitioners' clean record and the claim of false implication, ordered bail on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence and verification of antecedents. The order directs the lower court to release the petitioners on bail and to cancel the bond if conditions are breached.
Issues considered
- Whether bail can be granted to accused of murder, dowry death and criminal conspiracy despite the gravity of the offences.
- Whether the petitioners' claim of false implication and clean antecedent justifies bail.
- Whether the conditions imposed by the court are appropriate and sufficient to safeguard the trial.
Legislation cited
- Indian Penal Code — s. 120B, 201, 304B, 34
Subjects
- bail
- dowry death
- murder
- criminal conspiracy
- IPC
- false implication
- antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15195 of 2026
Arising Out of PS. Case No.-429 Year-2023 Thana- HARNAUT District- Nalanda
======================================================
1. Sarbi Paswan Son of Kailash Paswan Resident of Village- Mudhari, P.S.-
Harnaut, District- Nalanda
2. Shanti Divi Wife of Sarbi Paswan Resident of Village- Mudhari, P.S.-
Harnaut, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rudal Singh, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-03-2026 Heard Mr. Rudal Singh, learned counsel for the
petitioners and Mr. Kumar Veerendra Narayan, learned
Additional Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
15.06.2025 in connection with S. Tr. No. 946 of 2025 arising out
of Harnaut P.S. Case No. 429 of 2023, F.I.R. dated 11.08.2023
for the offences punishable under Sections 304(B), 120(B), 201
and 34 of the IPC.
3. According to prosecution case, these petitioners
along with other accused persons have killed the daughter of the
informant due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.15195 of 2026(2) dt.10-03-2026
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petitioners have clean antecedent and they have falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioners have not
committed any offence as alleged in the F.I.R and they have
been made accused in the present case merely on the ground
that they are father-in-law and mother-in-law of the deceased,
namely, Ganita Devi. In fact, the petitioners are living separately
from his son, namely, Vikrant Paswan and they have no concern
at all from the present crime in question and merely on the
ground that they are in-laws of the deceased, they have been
made accused. He further submits that the police after
investigation submitted the charge sheet against the petitioners.
The petitioners are in custody since 15.06.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
as well as period of custody, let the petitioners, above named, 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 the learned District and Additional Sessions
Judge-2nd Biharsharif, Nalanda in connection with S. Tr. No. 946
of 2025 arising out of Harnaut P.S. Case No. 429 of 2023,
Patna High Court CR. MISC. No.15195 of 2026(2) dt.10-03-2026
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subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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