Patna High Court
Upendra Kumar @ Upendra PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Upendra Kumar, was arrested in connection with a case registered under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, alleging that he assaulted and caused the death of the informant's daughter. The petitioner contended that the alleged eyewitness, Jaiki Kumar, was never examined and that the police charge‑sheet was filed under Section 108, while the magistrate proceeded under Section 103(1). He also argued that the post‑mortem report suggested a possible suicide by hanging and that he has no prior criminal record. The State opposed the bail application, maintaining the seriousness of the offence. After considering the evidence, the court ordered the petitioner’s release on regular bail upon furnishing a bond of Rs. 10,000 with two sureties, and the application was allowed.
Issues considered
- Whether regular bail should be granted to the petitioner in a case of alleged murder/assault under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita
- Whether the charge‑sheet filed under Section 108 can be superseded by cognizance under Section 103(1)
- Whether the absence of the alleged eyewitness’s testimony and the post‑mortem findings affect the bail decision
Legislation cited
- Bhartiya Nyaya Sanhita — s. 103(1), 108, 3(5)
Subjects
- regular bail
- criminal procedure
- murder
- assault
- charge‑sheet
- evidence
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30151 of 2026
Arising Out of PS. Case No.-80 Year-2025 Thana- Dhobaha District- Bhojpur
======================================================
Upendra Kumar @ Upendra Paswan S/o Nathuni Paswan R/o Pipra Pakri,
P.S. - Dhobahan, Dist. - Bhojpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Shiv Prasad Gupta, Advocate
For the Opposite Party : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Dhobha P.S. Case No. 80 of 2025, dated 19.08.2025, registered
for the offence under Sections 103(1) and 3(5) of the Bhartiya
Nyaya Sanhita.
3. As per the allegation, the daughter of the informant
was married with this petitioner and out of the wedlock three
children were born. It has been alleged that, on 14.08.2025, in
the night, the petitioner along with co-accused persons assaulted
the daughter of the informant by means of lathi, danda and also
by pressing her neck and the eyewitness to the alleged
occurrence was Jaiki Kumar, the son of the deceased. It has
been further alleged that the deceased daughter of the informant
was witness to the illicit relationship of the petitioner with one
Patna High Court CR. MISC. No.30151 of 2026(3) dt.24-06-2026
2/3
Urmila Devi and she used to oppose such relationship due to
which the daughter of the informant was killed.
4. Learned counsel appearing for the petitioner has
submitted that although Jaiki Kumar, the son of the deceased
and the petitioner, has been claimed to be an eyewitness of the
occurrence, but the said Jaiki Kumar was never examined
during the course of investigation. It has further been submitted
that the police, after thorough investigation, has submitted
charge-sheet under Section 108 of the BNS, but the learned
Magistrate, differing with the charge-sheet, took cognizance
under Section 103(1) of the BNS. It has further been submitted
that the postmortem report goes to show that the ligature mark
was incomplete/absent over right lateral aspect and the cause of
death could be hanging, although the autopsy surgeon has
opined the cause of death to be asphyxia and venom congestion.
It has further been submitted that the witnesses, during the
course of investigation, have stated that the deceased was trying
to get herself killed by wrapping a rope around her neck, but her
attempt failed as people took her to hospital for treatment, but
subsequently she could not be saved. Learned counsel for the
petitioner has further submitted that the petitioner has got no
criminal antecedents. It has lastly been submitted that the
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petitioner is in custody since 17.02.2026, charge-sheet has been
submitted in this case, but there is no allegation of tampering
against the petitioner.
5. Learned A.P.P. for the State vehemently opposed
the prayer for regular bail of the petitioner.
6. Heard learned counsel for the parties and perused
the record.
7. Considering the facts and circumstances of the
case, let the, above named, petitioner be released on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
SDJM, Bhojpur, in connection with Dhobha P.S. Case No. 80 of
2025.
8. The application stands allowed accordingly.
(Praveen Kumar, J)
Pawan/-
U T
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