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Patna High Court

Lawan @ Shrwan Rishideo @ Lawan RishideoversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that regular bail cannot be granted where the accused has been shown to have assaulted the deceased, as evidenced by video, and is charged with murder under the Bharatiya Nyaya Sanhita.

Summary

The petitioner, Lawan Rishideo, was charged with assault and murder of an informant's brother under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. A video of the crime showed the petitioner assaulting the deceased, and he has been in custody since September 1, 2025. He applied for regular bail. The court examined the seriousness of the offence and the incriminating video evidence. Concluding that the petitioner had directly assaulted the victim, the court declined to grant regular bail. The order also clarified that its observations were prima facie and not to prejudice the trial.

Issues considered

  • Whether regular bail can be granted to an accused of murder and assault under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023
  • Whether the existence of video evidence of the petitioner assaulting the deceased precludes the grant of bail

Legislation cited

Subjects

  • regular bail
  • murder
  • assault
  • Bharatiya Nyaya Sanhita
  • high court
  • video evidence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22347 of 2026
                      Arising Out of PS. Case No.-161 Year-2025 Thana- Bhararhi District- Madhepura
                 ======================================================
                 Lawan @ Shrwan Rishideo @ Lawan Rishideo S/o Late Sagar Rishideo R/o
                 Village- Jagir Tola, Dhurgaon, P.S.- Bharrarhi, District- Madhepura

                                                                                      ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Deepak Kumar Singh, Adv.
                 For the Opposite Party/s :        Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   13-05-2026                  Heard the learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks regular bail in connection with

                   S.T. No. 476 of 2025 arising out of Bharrahi P.S. Case No. 161

                   of 2025 registered for the offence under Sections 103(1)/3(5) of

                   the Bharatiya Nyaya Sanhita, 2023.

                                3. The petitioner is accused of participating in the

                   assault and murder of the informant’s brother, along with other

                   co-accused persons. One video of the crime surfaced in which

                   the petitioner has been found to have been assaulting the

                   deceased without any reason. The petitioner is in custody since

                   01.09.2025.

                                4. Considering the fact that the petitioner has

                   assaulted the deceased, this Court is not inclined to grant regular

                   bail to the petitioner.
            Patna High Court CR. MISC. No.22347 of 2026(3) dt.13-05-2026
                                                        2/2




                                   5. Accordingly, this application for regular bail stands

                      rejected.

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

                      prima facie in nature and 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.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


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