Patna High Court
Ramesh PaswanversusThe state of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the petitioner is entitled to regular bail and ordered his release on bail.
Summary
The petitioner, Ramesh Paswan, was arrested in connection with a murder case (PS Case No. 41 of 2025) under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner killed the deceased, with the deceased's wife acting as the informant. The petitioner contended that he is innocent, that the informant is not an eyewitness, and that he has been in custody since 11‑02‑2026. The State opposed the bail application. After hearing both sides, the Court allowed the regular bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties, and ordered his release.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offence under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the informant's testimony, being the wife of the deceased and not an eyewitness, is sufficient to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- regular bail
- murder
- Bharatiya Nyaya Sanhita
- criminal procedure
- informant testimony
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24986 of 2026
Arising Out of PS. Case No.-41 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
Ramesh Paswan S/O Late Kamal Paswan R/O vill - Bhagwatpur Patedha, P.S-
Sarai, Dist- Vaishali
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyesh Kumar, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 01-07-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Bhagwanpur P.S. Case No. 41 of 2025 registered for the offence
under Section(s) 103(1) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the deceased is said to
have been killed by the petitioner. The informant is the wife of
the deceased.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 11.02.2026. He further submits
that from the FIR it does not appear that the informant is an
eyewitness to the occurrence as she has not disclosed as to who
Patna High Court CR. MISC. No.24986 of 2026(3) dt.01-07-2026
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told her the exact nature of the crime.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate Vaishali at
Hajipur/concerned Court below, Vaishali at Hajipur in
connection with Bhagwanpur P.S. Case No. 41 of 2025.
(Sandeep Kumar, J)
tusharika/-
U T
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