Patna High Court
Gulab Paswan @ Gulab KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to petitioners 1 and 2 but denied bail to petitioners 3 and 4.
Summary
The petitioners, Gulab Paswan, Kundan Paswan, Rajani Devi and Ram Bilash Paswan, applied for pre‑arrest bail in a murder case (PS Case No.103 of 2025) alleging they were falsely implicated in the killing of the informant's son. They contended that the informant was not an eye‑witness and that they have clean antecedents. The State opposed the bail, emphasizing the seriousness of the charges under Sections 126(2), 115(2), 103, 303(2) and 3(5) of the Bihar Negotiable Sale Act. The High Court, noting the familial relationship of petitioners 3 and 4 (mother‑in‑law and father‑in‑law of the deceased), refused bail to them, but granted pre‑arrest bail to petitioners 1 and 2 (brothers‑in‑law) subject to a Rs.10,000 bond and sureties, under Section 438(2) CrPC and Section 482(2) BNS. The Court also directed the District Court to verify any other criminal antecedents, and the bail application was disposed of.
Issues considered
- Whether pre‑arrest bail should be granted to the accused under serious murder charges under the BNS and CrPC.
- Whether the relationship of the accused to the victim influences the grant of bail.
- Whether the lack of an eye‑witness and alleged clean antecedent justify bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- pre‑arrest bail
- murder
- Section 438 CrPC
- Section 482 High Court
- bail conditions
- criminal antecedent
- relationship to victim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25080 of 2026
Arising Out of PS. Case No.-103 Year-2025 Thana- NAYA RAM NAGAR District- Munger
======================================================
1. Gulab Paswan @ Gulab Kumar S/o Ram Bilash Paswan R/o
Village/Mohalla - Chamangarh, P.S - Naya Ram Nagar, District - Munger.
2. Kundan Paswan @ Kundan Kumar S/o Ram Bilash Paswan R/o
Village/Mohalla - Chamangarh, P.S - Naya Ram Nagar, District - Munger.
3. Rajani Devi W/o Ram Bilas Paswan R/o Village/Mohalla - Chamangarh, P.S
- Naya Ram Nagar, District - Munger.
4. Ram Bilash Paswan S/o Reso Paswan R/o Village/Mohalla - Chamangarh,
P.S - Naya Ram Nagar, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjiv Kumar Singh, Advocate.
For the Opposite Party/s : Mr.Yogendra Kumar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 22-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Naya Ram Nagar P.S. Case No. 103 of 2025 registered for
the offence punishable under Sections 126(2), 115(2), 103,
303(2) and 3(5) of the BNS.
3. Allegation is of commission of murder of the son of
the informant in his sasural.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and they
Patna High Court CR. MISC. No.25080 of 2026(2) dt.22-04-2026
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have falsely been implicated in the case. Petitioner nos.1 and 2
are brother in law and petitioner nos. 3 and 4 are mother-in-law
and father-in-law of the deceased. Informant is not the eye
witness of the occurrence and merely on suspicion, the
petitioners have been falsely implicated in the case. The
petitioners have clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioners.
6. Considering the nature of allegation against the
petitioner nos. 3 and 4 who are mother-in-law and father-in-law
of the deceased, I am not inclined to enlarge them on pre-arrest
bail.
7. So far as petitioner nos. 1 and 2 are concerned,
considering the nature of allegation against them to be general
and omnibus, they are directed to be released on pre-arrest bail,
in the event of their arrest or surrender before the Court below
within a period of four weeks from today, on furnishing bail
bond of Rs. 10,000/- (Ten thousand) each with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate 1st Class, Munger in connection with Naya Ram
Nagar P.S. Case No. 103 of 2025, subject to the condition as laid
down under Section 438(2) Cr.P.C / 482(2) BNSS.
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8. The District Court is directed to verify the criminal
antecedent of the petitioners and if it is found that the petitioners
are involved in some other cases as what has been stated in
Para-3 of the bail petition, this order will automatically lose its
force.
9. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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