Patna High Court
Uma Shankar Paswan @ Uma PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S. — s. 3(5), 80
- Dowry Prohibition Act — s. 3, 4
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
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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.
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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
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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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