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Patna High Court

Ramesh PaswanversusThe state of Bihar

Decided
Disposal
ALLOWED

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

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
                                                          2/2




                        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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