Patna High Court
Suman Kumar Paswan @ Suman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that anticipatory bail should be granted to the petitioner, subject to conditions, under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Summary
The petitioner, Suman Kumar Paswan, was implicated in a murder case (PS Case No. 103 of 2025) alleging that he participated in the killing of Vikram Kumar and stole a gold chain. He applied for anticipatory bail, contending that the FIR was lodged after an unjustified delay, the deceased died by suicide as per the post‑mortem report, and there was no direct evidence linking him to the alleged illicit relationship or the crime. The prosecution opposed the bail, asserting the seriousness of the offences. The court examined the delay, lack of forensic corroboration, and the possibility of suicide, and concluded that the petitioner could be granted bail subject to conditions. Accordingly, the court ordered anticipatory bail under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita, with a bail bond and sureties.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of the case
- Whether the material on record justifies denial of bail, considering the alleged delay in FIR and the post‑mortem findings
- Whether the allegations of murder and theft constitute a case where bail should be denied
Subjects
- anticipatory bail
- murder
- suicide
- delay in FIR
- forensic evidence
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17874 of 2026
Arising Out of PS. Case No.-103 Year-2025 Thana- NAYA RAM NAGAR District- Munger
======================================================
Suman Kumar Paswan @ Suman Kumar S/O Prabha Shankar Chandra R/O
Chamangarh, Ward no- 9, PO- Kalarampur, P.S.- Bariarpur, Munger, Bihar-
811211
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Apurv Harsh, Advocate
Mr. Manu Tripurari, Advocate
Mr. Raghu Raj Pratap, Advocate
Ms. Tanu Priya, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 29-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in
connection with Naya Ramnagar P.S. Case No. 103 of 2025
registered for the offences punishable under Sections 126(2),
115(2), 103, 303(2) and 3(5) of the B.N.S.
3. As per the prosecution case, the informant, Vido
Paswan, has alleged that his son, Vikram Kumar, was married to
Amrita Kumari about six years ago, and a female child was born
out of their wedlock. It is further alleged that after some time,
Vikram Kumar came to know that his wife, Amrita Kumari, was
involved in an illicit relationship with one Suman Paswan (the
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petitioner). Despite objections raised by the informant’s family
on several occasions, Amrita Kumari did not mend her ways and
eventually returned to her parental home. It is further alleged
that on 25.11.2025 at about 10:00 PM, Vikram Kumar found
Amrita Kumari in a compromising position with Suman Paswan
and objected to the same. Thereafter, Amrita Kumari along with
other co-accused persons, who were variously armed with sticks
and rods, formed an unlawful assembly and assaulted Vikram
Kumar, as a result of which he became unconscious and fell on
the ground. It is further alleged that thereafter the accused
persons tied a rope around his neck and all of them strangulated
him to death. It is also alleged that the petitioner snatched a gold
chain worth Rs. 1,20,000/- from the neck of Vikram Kumar and
also took away Rs. 10,000/-.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that there was a delay of
two days in lodging the FIR. The inquest report was prepared on
26.11.2025 at about 7:30 A.M. It is stated that the police reached
the place of occurrence at about 6:30 P.M. on 26.11.2025 upon
information given by a local villager. It is further submitted that,
as per paragraph no. 3 of the case diary, the informant and other
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family members had arrived after the preparation of the inquest
report; however, no statement was made by them before the
concerned police officer at that stage. Ultimately, the FIR was
lodged on 27.11.2025 at about 20:00 hours, after considerable
delay. Learned counsel has further submitted that, in fact, the
deceased committed suicide. As per the post-mortem report,
there are no external or internal injuries on the body of the
deceased, and the autopsy surgeon has opined that the cause of
death was asphyxia as a result of hanging. It has also been
submitted that there is no material on record to suggest that the
petitioner was ever involved in an illicit relationship with the
wife of the deceased. There is no evidence to show that any
person had ever seen the petitioner in the company of the wife
of the deceased. It has further been submitted that the informant
claims to be an eyewitness to the occurrence, which is not
possible, as he was admittedly present at his own house on the
alleged date of occurrence and all the allegations are based on
hearsay and suspicion. Lastly, it has been submitted that nothing
has come in the forensic science laboratory examination and the
petitioner has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
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6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioner, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
Munger, in connection with Naya Ramnagar P.S. Case No. 103
of 2025, subject to the conditions as laid down under Section
482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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