Patna High Court
BABLOO PASWAN @ BABLU PASWANversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
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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