Patna High Court
Baban PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Baban Paswan, applied for anticipatory bail in a criminal case (PS Case No.267 of 2024) alleging offences under Sections 103 and 3(5) of the B.N.S. The prosecution alleges that Paswan, as the father of a girl who was in a relationship with the deceased, conspired with others to kill the deceased. Paswan contended he is innocent, has a clean record, and was falsely implicated. The State opposed bail, citing self‑inculpatory statements of co‑accused Anant Kumar and Chandani Kumari that named Paswan as involved in the murder. Justice Sandeep Kumar examined the material and, finding the co‑accused statements credible, dismissed the anticipatory bail application. Consequently, Paswan’s request for bail was denied.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite co‑accused statements implicating him?
- Whether the petitioner poses a risk of absconding or tampering with evidence warranting bail denial
Legislation cited
- B.N.S. — s. 103, 3(5)
Subjects
- anticipatory bail
- criminal procedure
- false implication
- co‑accused statements
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22730 of 2026
Arising Out of PS. Case No.-267 Year-2024 Thana- NAWANAGAR District- Buxar
======================================================
Baban Paswan S/o Late Jawahir Paswan R/o Village- Rupi, PS-Bhanas O.P
(Dinara), District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar, Advocate
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Nawanagar P.S. Case No. 267 of 2024
registered for the offence under Sections 103, 3(5) of B.N.S.
3. As per the prosecution case, petitioner is the
father of the girl with whom the deceased was in a relationship
and it is suspected that the petitioner along with others had
killed the deceased.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. Petitioner has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner on the ground that during
Patna High Court CR. MISC. No.22730 of 2026(2) dt.30-04-2026
2/2
investigation, it has come that co-accused Anant Kumar and
Chandani Kumari had stated in their self-inculpatory statement
that the petitioner is involved in killing the deceased.
6. Considering the aforesaid facts, this
application is dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…