Patna High Court
Vikash paswan @ Bikash PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
Vikash Paswan applied for regular bail in a case registered under Section 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging he killed the deceased. The prosecution's case is based on the testimony of the deceased's wife, who is the informant, but the petitioner contended that she is not an eyewitness and that he is innocent. He had been in custody since 11 February 2026. The State opposed the bail application. After considering the facts, the Court allowed the bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to the accused in a murder case under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- regular bail
- bail bond
- murder
- Bharatiya Nyaya Sanhita
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29505 of 2026
Arising Out of PS. Case No.-41 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
Vikash paswan @ Bikash Paswan S/o Jagdhir Paswan Son of R/o Village -
Bhagwatpur Patedha, P.S. - Sarai, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyesh Kumar
For the Opposite Party/s : Mr.Uday Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 02-07-2026 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.29505 of 2026(3) dt.02-07-2026
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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 concerned Court below in connection
with Bhagwanpur P.S. Case No. 41 of 2025.
(Sandeep Kumar, J)
Vikas/-
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