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Patna High Court

BABLOO PASWAN @ BABLU PASWANversusTHE STATE OF BIHAR

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted at this stage of the investigation.

Summary

Babloo Paswan was arrested in connection with a homicide case (Paliganj P.S. Case No.536 of 2025) alleged under Sections 103(1), 61(2) and 3(5) of the BNS. The prosecution contended that Paswan and his family assaulted the deceased, Sonu Kumar, with a lathi‑danda, causing fatal head injuries. The petitioner argued that the FIR was vague, that crucial call‑detail records were not collected, and that the information about the injury was supplied by his family only after the incident. The State highlighted the telephonic message received by police, the recovery of the deceased’s mobile from the petitioner’s house, and the post‑mortem report showing 13 lacerated wounds leading to brain haemorrhage. After hearing both sides, the Court declined to grant bail at this stage, directing that the petitioner may renew the bail application after six months if the trial remains pending, and ordered the trial court to expedite the proceedings.

Issues considered

  • Whether bail should be granted to the accused under Sections 103(1), 61(2) and 3(5) of the BNS in a homicide case.

Legislation cited

  • BNS — s. 103(1), 3(5), 61(2)

Subjects

  • bail
  • homicide
  • assault
  • Sections 103, 61, 3 of BNS
  • high court
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.15912 of 2026
                       Arising Out of PS. Case No.-536 Year-2025 Thana- PALIGANJ District- Patna
                 ======================================================
                 Babloo Paswan @ Bablu Paswan S/O Late Dhurfan Paswan Resident Of
                 Village- Ijarta, P.S.- Paliganj, District- Patna

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

                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Shivam Aniket, Advocate
                 For the Opposite Party/s :     Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                            ORAL ORDER

3   20-04-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner has prayed for bail in connection

                   with Paliganj P.S. Case No.536 of 2025 registered for the

                   offence punishable under Sections 103(1), 61(2) & 3(5) of the

                   BNS.

                               3. The case of the prosecution, in short, is that on

                   09.11.2025, Anjali Kumari called the son of the informant,

                   namely, Sonu Kumar (deceased) to meet. The petitioner and

                   other family members have made a plan and have assaulted the

                   deceased with lathi-danda who succumbed to the injuries.

                               4. Learned counsel appearing on behalf of the

                   petitioner has submitted that from perusal of the FIR it is clear

                   that the nature of allegation is general and omnibus. Though it
Patna High Court CR. MISC. No.15912 of 2026(3) dt.20-04-2026
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          has been submitted that the deceased was called by the daughter

          of the petitioner, but during investigation police has not

          collected the CDR of both the mobiles. It has further been

          submitted that during course of investigation in Paragraph ‘9’ of

          the case diary it has come that after the occurrence, the

          information regarding injured Sonu Kumar was given to the

          police by the petitioner and family members.

                       5. Countering this, learned APP for the State has

          submitted that from perusal of Paragraph ‘3’ of the case diary it

          has come that on 10.11.2025 at 07:10 AM, a telephonic message

          was received by police that one boy has been killed by family

          members of a girl and regarding that a Sanha No. 415 of 2025

          was registered. It has further been submitted that from perusal

          of Paragraph ‘6’ of the case diary it is also clear that a mobile of

          the deceased was also received from the house of the petitioner

          and from perusal of post-mortem report it is clear that the

          deceased has received altogether 13 lacerated wounds and death

          is due to brain hemmorhage caused due to hard and blunt impact

          on head.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, I am not

          inclined to grant bail to the petitioner, at this stage, however, he
            Patna High Court CR. MISC. No.15912 of 2026(3) dt.20-04-2026
                                                        3/3




                      may renew his prayer for bail after six months, if the trial is not

                      concluded. Learned trial court is directed to expedite the trial.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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