Patna High Court
Viro PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Viro Paswan was arrested in connection with the death of Satish Kumar, alleged to have been assaulted and strangulated by the petitioner and others, and charged under sections 103(1), 126(2), 127(2), 115(2), 351(3) and 3(5) of the BNS. The petitioner claimed innocence, arguing that the FIR was vague, the post‑mortem report only showed an ante‑mortem ligature mark and suggested the death could have been a suicide linked to a rejected marriage proposal. The State opposed bail, citing the seriousness of the alleged homicide and the petitioner’s prior excise convictions. The court examined the lack of specific overt acts in the FIR, the medical opinion, and the fact that a co‑accused had previously been granted bail in a similar case. Considering these factors, the court ordered the release of the petitioner on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with murder and related offences.
- Whether the FIR sufficiently alleges specific overt acts against the petitioner.
- Whether the post‑mortem findings and alleged motive negate the prosecution’s case.
- Whether prior criminal antecedents under the Excise Act preclude bail.
Legislation cited
- BNS — s. 103(1), 115(2), 126(2), 127(2), 3(5), 351(3)
- Excise Act
Subjects
- regular bail
- murder
- homicide
- post‑mortem report
- FIR
- criminal antecedents
- BNS
- Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25568 of 2026
Arising Out of PS. Case No.-69 Year-2026 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Viro Paswan S/O Late Rajpati paswan R/O Vill.- Hasanpur Jitwarpur, ward
no. 15, P.S. Samatipur mufassil, Dist.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 03-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103(1),
126(2), 127(2), 115(2), 351(3) and 3(5) of BNS.
3. The case of the prosecution is that the petitioner
along with others has assaulted to one Satish Kumar @ Jassi with
slaps and fists. After that, they have strangulated him by putting
rope around his neck due to which he died.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
FIR, it is clear that the nature of the allegation is general and
omnibus. There is no allegation of specific overt act against the
Patna High Court CR. MISC. No.25568 of 2026(3) dt.03-07-2026
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petitioner. It has further been submitted that the deceased was
having relationship with one Lovely Kumari, who denied to marry
the deceased, due to which he committed suicide. From perusal of
the postmortem report, it transpires that the doctor conducting the
autopsy of the deceased has opined that the cause of death is
asphyxia due to homicidal strangulation, but from perusal of the
postmortem report, it also transpires that the doctor has only
found a ligature mark on the person of the deceased as an ante-
mortem injury. Learned counsel for the petitioner has submitted
that had it been a forceful hanging by numerous persons, there
must have been resistance and other injuries on the body of the
deceased must have been there. It is further submitted that the
opinion of the doctor is not based on objective findings. He
further submits that similarly situated co-accused namely, Savita
Devi has been granted bail by this Court vide Cr. Misc. No. 26897
of 2026. Moreover, the petitioner is languishing in judicial
custody since 24.02.2026.
5. The learned APP appearing for the State and the
learned counsel for the informant have vehemently opposed the
prayer of regular bail and submit that the petitioner has got
criminal antecedents of two cases of the Excise Act. Learned
counsel for the informant has submitted that the petitioner along
with others has killed the deceased in his own house.
Patna High Court CR. MISC. No.25568 of 2026(3) dt.03-07-2026
3/3
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Samastipur (Muffasil) P.S. Case No. 69 of 2026 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned A.C.J.M. 2 nd
Samastipur.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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