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Patna High Court

Uma Shankar Paswan @ Uma PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail must be granted to the petitioners as the FIR does not contain specific allegations of assault or overt act against them.

Summary

The petitioners, Uma Shankar Paswan and his wife Manju Devi, were arrested on 18 August 2025 in connection with a murder allegedly committed over a dowry demand of Rs 5 lakhs. They are the father‑in‑law and mother‑in‑law of the deceased, and the prosecution alleges that the accused, including the petitioners, killed the informant’s daughter. The petitioners contended that the FIR contains only a generic allegation against all accused and makes no specific charge of assault, overt act, or dowry demand against them. The Additional Public Prosecutor opposed bail, citing a prior criminal antecedent of the petitioners. The High Court observed that the lack of specific allegations against the petitioners warranted bail and ordered their release on a bond of Rs 10,000 each with conditions, while allowing verification of their criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioners in the absence of specific allegations of assault or overt act against them
  • Whether the presence of a prior criminal antecedent precludes the grant of bail
  • Whether the general and omnibus nature of the FIR allegations is sufficient to deny bail

Legislation cited

Subjects

  • bail
  • dowry prohibition act
  • murder
  • criminal antecedent
  • general allegation
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1808 of 2026
                    Arising Out of PS. Case No.-269 Year-2025 Thana- DARBHANGA SADAR District-
                                                       Darbhanga
                 ======================================================
           1.     Uma Shankar Paswan @ Uma Paswan S/o- Late Bhola Paswan Resident of
                  Village- Dhoi Navtoli, P.S.- Sadar, Dist- Darbhanga
           2.    Manju Devi w/o- Uma Shankar Paswan @ Uma Paswan Resident of
                 Village- Dhoi Navtoli, P.S.- Sadar, Dist- Darbhanga

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Manju Devi W/o- Uma Shankar Paswan @ Uma Paswan Resident of
                 Village- Dhoi Navtoli, P.S.- Sadar, Dist- Darbhanga

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Saurav Anand, Advocate
                 For the Opposite Party/s :     Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   19-01-2026                  Heard Mr. Saurav Anand, learned counsel for the

                   petitioners and Mr. Anuj Kumar Shrivastava, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioners seek bail, who are in custody since

                   18.08.2025 in connection with Sadar P.S. Case No. 269 of 2025,

                   F.I.R. dated 18.08.2025 for the offences punishable under

                   Sections 80, 3(5) of the B.N.S. and Section 3/4 of Dowry

                   Prohibition Act.

                                3. According to prosecution case, all the accused

                   persons including these petitioners have murdered the daughter

                   of the informant due to non-fulfillment demand of Rs. 5 Lakhs
Patna High Court CR. MISC. No.1808 of 2026(2) dt.19-01-2026
                                            2/4




          as dowry.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and they have falsely been implicated in

          the present case. Learned counsel further submits that from a

          bare perusal of the F.I.R., it appears that although the petitioners

          are named in the F.I.R. but there is no specific allegation of any

          assault, overt act or demand of dowry is attributed against the

          petitioners rather there is general and omnibus allegation against

          all the accused persons including the petitioners. Petitioners are

          father-in-law and mother-in-law of the deceased and the

          husband of the deceased is already in custody since 18.08.2025

          and the petitioners have been made accused in the present case

          merely on the ground that the petitioners are father-in-law and

          mother-in-law of the deceased. He further submits that the

          police after investigation, submitted charge-sheet against the

          petitioners and the petitioners are in custody since 18.08.2025.

                       5.   Learned       Additional          Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioners and

          submits that the petitioners carries one more criminal antecedent

          other than the present one but fairly submits on the basis of

          paragraph 3 of the bail petition that the petitioners are on bail in

          the pending matters.
Patna High Court CR. MISC. No.1808 of 2026(2) dt.19-01-2026
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                       6. Considering the aforesaid facts and circumstances

          of the case and the fact that there is no specific allegation of any

          assault or overt act attributed against the petitioners and the co-

          accused persons who happens to be son of the petitioners are in

          custody since 18.08.2025, 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 Chief Judicial Magistrate, Darbhanga

          in connection with Sadar P.S. Case No. 269 of 2025, with 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 his absence on two consecutive dates without sufficient

          reason, his/her 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
            Patna High Court CR. MISC. No.1808 of 2026(2) dt.19-01-2026
                                                        4/4




                      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)
Ranjeet/-

U      T


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