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Patna High Court

Birendra PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court held that the petitioner is entitled to bail as the case against him rests only on alleged presence and no specific overt act, and the prolonged detention without charge framing warrants relief.

Summary

The petitioner, Birendra Paswan, applied for regular bail in a case arising from a land dispute that escalated into an assault and alleged murder, with charges under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner was present at the scene of the assault on Manish Kumar, but no specific overt act was attributed to him, and his son’s confession implicated others. The petitioner argued that he was falsely implicated, had no criminal antecedent, and had been in custody for over five months without charge framing. The court noted the seriousness of the offences but observed that the evidence against the petitioner was limited to his presence and that prolonged pre‑trial detention warranted relief. Consequently, the court granted bail subject to monetary and surety conditions, emphasizing that the order was prima facie and not a determination on the merits.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with murder and common intention offences.
  • Whether mere presence at the scene, without a specific overt act, is sufficient to deny bail.
  • Whether prolonged pre‑charge detention without framing of charges justifies granting bail.

Legislation cited

Subjects

  • bail
  • murder
  • common intention
  • land dispute
  • Bharatiya Nyaya Sanhita
  • pre‑trial detention
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19418 of 2026
                  Arising Out of PS. Case No.-798 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 Birendra Paswan S/o- Late Shivmangal Paswan R/v- Ramgadhwa Ps-
                 Muffasil Motihari Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar
                 For the Opposite Party/s :      Mr. Zainul Abedin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

4   27-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Motihari Mufasil P.S. Case No. 798 of 2025, registered under

                   Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. As per the prosecution case, the background to the

                   occurrence is a land dispute inter se the parties. On 28.11.2025,

                   the accused, including the petitioner herein, were having the

                   disputed land measured. The informant's son, Manish Kumar,

                   was not satisfied with the measurement carried out on that date,

                   and accordingly, 13.12.2025 was fixed for a fresh measurement.

                   However, on 11.12.2025, two days prior to the scheduled re-
Patna High Court CR. MISC. No.19418 of 2026(4) dt.27-05-2026
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          measurement, the accused persons, including co-accused

          Bhagmati Devi (petitioner in connected Cr. Misc. No. 17916 of

          2026) and the present petitioner Birendra Paswan, came to the

          door of the informant's son. Thereafter, the above-named

          persons, along with some unidentified individuals, are alleged to

          have assaulted Manish Kumar. On being informed, family

          members rushed to the spot, whereupon the accused fled; only

          two females among the accused could not escape and were

          apprehended.

                       4. Learned counsel for the petitioner submits that the

          petitioner has been falsely implicated and that the allegations

          levelled against him are general and omnibus in character,

          arising from a pre-existing land dispute. In this connection, it is

          relevant to note that Chandan Paswan, son of the present

          petitioner, has himself confessed his involvement in the

          occurrence. Chandan Paswan states that he had informed his

          mother, his aunt, and his father, the present petitioner, about the

          matter prior to the occurrence. He further states that one Rupesh

          had an interest in calling Manish Kumar to the spot, and that

          two friends of Rupesh Kumar came and stabbed Manish Kumar.

          Chandan Paswan's statement also attests to the presence of the

          petitioner in the vicinity at the time of the occurrence; however,
Patna High Court CR. MISC. No.19418 of 2026(4) dt.27-05-2026
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          no specific overt act is attributed to the petitioner in the said

          statement. It is further submitted that the petitioner has no

          criminal antecedent whatsoever and has been in custody since

          20.12.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail.

                       6. I have considered the submissions advanced on

          either side and perused the case diary. The offences registered

          are serious: Section 103(1) of the BNS pertains to murder, and

          the petitioner is roped in under Section 3(5) on the theory of

          common intention. These considerations weigh against the

          petitioner. At the same time, a careful reading of the material on

          record discloses that the case against the present petitioner rests

          substantially on his alleged presence at the place rather than on

          any specific overt act attributed directly to him. His son

          Chandan Paswan, who has confessed his own involvement, does

          not assign any particular role to the petitioner in the attack on

          Manish Kumar. The genesis of the dispute is a land

          measurement controversy between the parties, and the

          allegations, insofar as they concern the present petitioner, are of

          an omnibus nature. The petitioner has no criminal antecedent,

          and the period of custody, running from 20.12.2025 to the
            Patna High Court CR. MISC. No.19418 of 2026(4) dt.27-05-2026
                                                        4/4




                      present date, now exceeds five months. Charge has not yet been

                      framed. Taking an overall view of the facts and circumstances,

                      and bearing in mind that the question of guilt is entirely a matter

                      for the trial court, I am of the considered opinion that the

                      petitioner is entitled to bail, subject to appropriate conditions.

                                   7. Accordingly, let the petitioner, Birendra Paswan, be

                      released on bail upon furnishing bail bonds of Rs. 10,000/-

                      (Rupees Ten Thousand Only) with two sureties of the like

                      amount each, to the satisfaction of the learned Chief Judicial

                      Magistrate, East Champaran, Motihari, or the concerned court

                      below, in connection with Motihari Mufasil P.S. Case No. 798

                      of 2025.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and is limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner whatsoever.



                                                       (Ansul, J)
Ranjeet/-

U      T


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