Patna High Court
Pujari Paswan @ Pujeri PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioners.
Summary
The petitioners, Pujari Paswan and Kunal Paswan, were arrested in connection with a violent incident at the informant’s house where co‑accused allegedly assaulted the informant, her father‑in‑law and others, resulting in the father‑in‑law’s death. The prosecution charged the petitioners under Sections 126(2), 115(2), 109(1), 324(4), 352, 351(2), 3(5) and 74 of the Bharatiya Nyaya Sanhita, 2023. The petitioners contended that they were innocent, that the allegations against them were vague and omnibus, and that specific overt acts were not attributed to them; they also pointed to a similar bail order granted to a co‑accused, Pappu Paswan, in a related case. The State opposed the bail, arguing the seriousness of the offences. Considering the lack of specific incriminating material against the petitioners and the length of their custody since 3 January 2026, the Court allowed regular bail, directing each 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 petitioners under the listed sections of the Bharatiya Nyaya Sanhita, 2023 given the facts and the duration of custody.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115, 126, 3, 324, 351, 352, 74
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- murder
- section 126
- section 115
- section 109
- section 324
- section 352
- section 351
- section 3
- section 74
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33308 of 2026
Arising Out of PS. Case No.-165 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
1 . Pujari Paswan @ Pujeri Paswan S/O Lalan Paswan R/O Vill.- Sundarnagar,
P.S- Athmalgola, District- Patna.
2. Kunal Paswan S/O Lalan Paswan R/O Vill.- Sundarnagar, P.S- Athmalgola,
District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar Tiwari , Advocate
For the Opposite Party/s : Mr. Harendra Prasad , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State .
2. Petitioners seek regular bail for the offences
punishable under Sections 126(2), 115(2), 109(1), 324(4), 352,
351(2), 3(5), 74 of Bharatiya Nyaya Sanhita, 2023 .
3 . As per prosecution case, these petitioners along
with other co-accused persons came to the house of the
informant and started abusing and when informant opposed,
accused persons started assaulting her. When father-in-law of
the informant came to her rescue, then co-accused Sanni Paswan
assaulted him on his head with iron rod, causing fracture and he
fell down. The father-in-law of the informant was further
Patna High Court CR. MISC. No.33308 of 2026(2) dt.15-05-2026
2/3
assaulted by co-accused persons by means of danda and iron
rod. It is further alleged that accused persons also assalted the
son of agnate of the informant and also damaged the vehicle of
the informant parked in the premises. The father-in-law of the
informant succumbed to injuries.
4. Learned counsel for the petitioners submit that
petitioners are innocent and have committed no offence as
alleged. Specific accusation is against other co-accused persons.
Allegation is general and omnibus against these petitioners. No
specific overt act is alleged against him. Moreover, co-accused
Pappu Paswan having similar and identical allegations has
already been granted bail by this Hon’ble Court vide order dated
18.11.2025 in Cr. Misc. No. 54929 of 2025 . Petitioners are in
custody since 03.01.2026 . Chargesheet has already been
submitted.
5 . Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and period of custody , the bail application is
allowed. Let the above named petitioners be released on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.33308 of 2026(2) dt.15-05-2026
3/3
learned Sub Divisional Judicial Magistrate, Barh, Patna/court
concerned in connection with Athmalgola P.S. Case No. 165 of
2025 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.