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Patna High Court

Ghanshyam Paswan @ Ghanshyam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners.

Summary

The petitioners, Raju Noniya and Ghanshyam Paswan, applied for anticipatory bail in two related criminal miscellaneous cases concerning alleged murder under Sections 103(2) and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution’s case is based on a report by informant Mohan Kumar, who claims his brother Vipin Kumar was killed by the petitioners, but he is not an eye‑witness and has not disclosed how he learned of their involvement. No witness statements directly implicate the petitioners, and a similarly situated co‑accused has already been granted bail. The petitioners assert clean antecedents, while the State opposes bail. Considering the lack of direct evidence and the petitioners’ clean record, the Court allowed anticipatory bail subject to surrender within eight weeks, a bail bond of Rs.10,000 with two sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita in the absence of direct eyewitness evidence.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 103
  • Section 3
  • Section 482
  • murder
  • clean antecedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.12901 of 2026
                       Arising Out of PS. Case No.-159 Year-2025 Thana- BELCHHI District- Patna
                 ======================================================
                 Raju Noniya @ Aarsi Chauhan @ R. C. Chauhan Son of Ganesh Noniya
                 Resident of Village - Korari, P.S. - Belchhi, District - Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 19055 of 2026
                       Arising Out of PS. Case No.-159 Year-2025 Thana- BELCHHI District- Patna
                 ======================================================
                 Ghanshyam Paswan @ Ghanshyam Kumar Son of Ram Pravesh Paswan
                 Resident of Village- Korari, P.S.- Belchhi, District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 12901 of 2026)
                 For the Petitioner/s     : Mr. Ranjeet Kumar Pandey, Advocate
                 For the Opposite Party/s : Mr. Nand Kumar, A.P.P.
                 (In CRIMINAL MISCELLANEOUS No. 19055 of 2026)
                 For the Petitioner/s     : Mr. Ranjeet Kumar Pandey, Advocate
                 For the Opposite Party/s : Mr. Raj Ballabh Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-04-2026                  Both the above mentioned cases are being disposed

                   of by a common order.

                               2. Heard learned counsel for the petitioners and the

                   State.

                               3. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 103(2), 3(5) of the
Patna High Court CR. MISC. No.12901 of 2026(2) dt.09-04-2026
                                            2/3




          Bharatiya Nyaya Sanhita.

                       4. Prosecution case, in brief, as per written report of

          informant Mohan Kumar is that, on 8/9/2025 at 06:00 AM, he

          found that his brother Vipin Kumar had been murdered in his

          new house. He suspects that these petitioners along with other

          accused persons have killed his brother with a sharp knife, due

          to enmity.

                       5. Learned counsel for the petitioners submits that

          informant is not an eye-witness to the occurrence and has not

          disclosed the source of information as to how he came to know

          that petitioners and other co-accused have killed his brother.

          During investigation, none of the witnesses have claimed to

          have seen these petitioners committing the alleged offence.

          Similarly situated co-accused has already been allowed bail by

          this Court vide order passed in Cr.Misc.No. 8363/2026.

          Petitioners claim clean antecedent.

                       6. Learned A.P.P. for the State vehemently opposed

          the bail application.

                       7. Considering the nature of accusation and other facts

          and circumstances of the case, this anticipatory bail is allowed

          and it is ordered that let the above named petitioners in the event

          of their arrest/surrender before the court below within a period
              Patna High Court CR. MISC. No.12901 of 2026(2) dt.09-04-2026
                                                          3/3




                        of eight weeks from today, be enlarged 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 Sub Divisional

                        Judicial Magistrate, Barh in connection with Belchhi P.S. Case

                        No. 159 of 2025, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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