Patna High Court
Prince Paswan @ Prince RanjanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a cash bond and conditions.
Summary
Prince Paswan was arrested in connection with a case alleging assault, murder and related offences under several sections of the B.N.S. The prosecution alleged that Paswan and others attacked an informant and her son, killed the son and disposed of the body. Paswan contended that the FIR was false, the incident date was delayed, and the post‑mortem showed death by asphyxia due to hanging, indicating suicide, not homicide. He also highlighted his clean antecedent and that a co‑accused had been granted bail by a coordinate bench. The court, noting the lack of medical corroboration of the prosecution’s claim and the precedent of bail to the co‑accused, ordered his release on bail with a bond of Rs. 10,000 and specific conditions.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges of assault and murder.
- Whether the delay in filing the FIR and the post‑mortem findings undermine the prosecution’s case for denial of bail.
- Whether the grant of bail to a similarly situated co‑accused influences the decision on the petitioner’s bail.
Legislation cited
- B.N.S. — s. 103(1), 115(2), 126(2), 329(3), 3(5)
Subjects
- bail
- false FIR
- medical evidence
- delay in FIR
- criminal antecedent
- assault
- homicide
- post‑mortem report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3251 of 2026
Arising Out of PS. Case No.-470 Year-2025 Thana- CHHATAUNI District- East Champaran
======================================================
Prince Paswan @ Prince Ranjan Son of Ramayan Paswan Resident of village
- Bara Bariyarpur, P.S.- Chhatauni, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-01-2026 Heard Mr. Abhishek Kumar , learned counsel for the
petitioner and Mr. Ram Bilash Roy Raman, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
31.07.2025, in connection with Chhatauni P.S. Case No. 470 of
2025, F.I.R. dated 29.07.2025 registered for the offences
punishable under Sections 329(3), 126(2), 115(2), 103(1), 3(5)
of the B.N.S.
3. As per the prosecution case, the petitioner along
with others, variously armed, came to the door of the informant
and assaulted the informant and her son. Thereafter, they took
away her son and after killing him, threw his dead body at the
door of her brother-in-law.
4. Learned counsel for the petitioner submits that the
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petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
From perusal of the F.I.R. it appears that the date of occurrence
as alleged in the F.I.R. is 26.07.2025 but the present F.I.R. was
instituted on 29.07.2025 after delay of three days without giving
any explanation of delay. Although the petitioner is named in
the F.I.R. and there is specific allegation against the petitioner in
the F.I.R. that they along with other co-accused persons have
assaulted to the deceased but the postmortem report does not
support the allegation as alleged in the F.I.R. The postmortem
report reveals that cause of death is Asphyxia due to hanging
which suggests that the deceased has committed suicide herself.
He further submits that co-accused person namely Vikash
Kumar @ Vikesh Paswan against whom the similar allegation
has been granted bail by a Coordinate Bench of this Court vide
order dated 13.01.2026 passed in Cr. Misc. No. 90003 of 2025
and the police after investigation submitted chargesheet against
the petitioner and the petitioner is in custody since 31.07.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
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petitioner.
6. Considering the facts and circumstances of the case
and the fact that the allegation as alleged in the F.I.R. has not
supported by the medical evidence and similarly situated co-
accused person has been granted bail by a Coordinate Bench of
this Court, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, East Champaran, Motihari in
connection with Chhatauni P.S. Case No. 470 of 2025, subject to
the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
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criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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