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Patna High Court

Yogendra PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was dismissed.

Summary

The petitioner, Yogendra Paswan, father‑in‑law of the deceased, applied for bail in a case registered in 1998 alleging offences under Sections 498(A), 304(B) and 201/34 of the Indian Penal Code, purportedly involving a dowry‑related murder. The prosecution contends the deceased was killed for dowry, while the petitioner claims she died from a snake bite. The petitioner has been an absconder for nearly thirty years and has been in custody since 15 July 2025. The court noted the seriousness of the charges and the petitioner’s long‑term absconding, and therefore was not inclined to grant bail. The bail application was dismissed, with liberty to re‑apply after material witnesses are examined, and the court clarified that its observations were limited to the bail application and did not prejudice the trial.

Issues considered

  • Whether bail should be granted to the petitioner given the serious nature of the offences under the IPC.
  • Whether the petitioner’s claim that the death was due to a snake bite affects the bail decision.

Legislation cited

Subjects

  • bail
  • dowry death
  • IPC
  • absconding
  • snake bite
  • pre‑trial detention
  • Section 498A
  • Section 304B
  • Section 201
  • Section 34

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19990 of 2026
                   Arising Out of PS. Case No.-26 Year-1998 Thana- MUSRIGHRARI District- Samastipur
                 ======================================================
                 Yogendra Paswan S/o Late Shivdhari Paswan Resident of Village-
                 Latbasepura, P.S.- Musrigharari, Dist.- Samastipur, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Keshav Bhardwaj, Advocate
                 For the State           :        Mr.Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Musrigharari P.S. Case No. 26 of 1998 registered for the offence

                   punishable under Sections 498(A), 304(B) and 201/34 of the

                   Indian Penal Code.

                                 3. As per the prosecution case, the accused persons

                   are said to have killed the deceased for dowry.

                                 4. The petitioner is the father-in-law of the deceased.

                   He is an absconder in a case for almost three decades. He is in

                   custody since 15.07.2025.

                                 5. Learned counsel for the petitioner submits that the

                   deceased had died because of snake bite.

                                 6. Considering the allegation and the fact that the
           Patna High Court CR. MISC. No.19990 of 2026(2) dt.01-04-2026
                                                       2/2




                     petitioner has absconded for the last almost 30 years, I am not

                     inclined to grant bail to the petitioner.

                                  7. Accordingly, the application stands dismissed with

                     liberty to the petitioner to renew his prayer for bail after the

                     material witnesses are examined in the trial.

                                  8. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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