Patna High Court
Mangal PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail could not be granted to the petitioners as the evidence warranted their arrest.
Summary
The petitioners, three brothers named Mangal, Dhallo and Subodh Paswan, were implicated in a murder case (PS Case No. 234 of 2025) under Sections 103(1) and 3(5) of the B.N.S. following the death of a son who allegedly was beaten to death by the accused. The prosecution alleged that the deceased was tied to a pole, beaten throughout the night, and was found with stolen jewellery, implicating the petitioners. The petitioners filed an anticipatory bail application fearing arrest. The coordinate bench examined the case diary and the investigation report, which linked the petitioners to the crime. After considering the material evidence, the court concluded that the petitioners were not entitled to anticipatory bail and rejected the application.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the provisions of the B.N.S. in view of the evidence linking them to the murder.
- Whether the nature of the alleged offence justifies denial of anticipatory bail.
Legislation cited
- B.N.S. — s. 103(1), 3(5)
Subjects
- anticipatory bail
- criminal procedure
- murder
- theft
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16589 of 2026
Arising Out of PS. Case No.-234 Year-2025 Thana- PURAINI District- Madhepura
======================================================
1. Mangal Paswan Son of Budho Paswan @ Budhu paswan R/v - Ganeshpur
Puraini, P.S - Puraini, District - Madhepura
2. Dhallo Paswan @ Dhalo son of Budho paswan @ Budhu Paswan R/v -
Ganeshpur Puraini, P.S - Puraini, District - Madhepura
3. subodh Paswan Son of Budho Paswan @ Budhu Paswan R/v - Ganeshpur
Puraini, P.S - Puraini, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajiv Ranjan Pandey, Advocte
: Mr. Dr Sanjay Kumar Singh, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 07-05-2026 Heard Mr. Rajiv Ranjan Pandey, learned counsel for
the petitioners and learned APP representing the State.
2. The petitioners are apprehending their arrest in
connection with Puraini P.S. Case No. 234 of 2025 registered
for the offence punishable under Sections 103(1) and 3(5) of the
B.N.S., lodged on 19.11.2025 by the informant Shivnarayan
Singh.
3. As per the prosecution story, the informant alleged
that he came to know that his son has been brutally injured and
is in the hospital in critical condition, went to the said place
and later the son succumbed to the injuries. The allegation is
Patna High Court CR. MISC. No.16589 of 2026(3) dt.07-05-2026
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that the named and unnamed accused suspecting him to be a
thief, chose to beat him up the whole night resulting into his
death. This led to the F.I.R.
4. In this case, the coordinate Bench had called for the
case diary and during the investigation, it came to notice that the
deceased was caught with the jewellery that was stolen by him,
was tied to the pole and beaten the whole night. Beside the other
accused, the names are there which include the petitioners.
5. Considering the aforesaid facts, it would be
appropriate that the petitioners seek bail, the anticipatory bail
application stands rejected.
(Rajiv Roy, J)
vinayak/-
U T
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