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Patna High Court

Lakshman paswanversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court allowed anticipatory bail for petitioners 2 and 3 while dismissing the application of petitioner 1 as withdrawn.

Summary

The petitioners, Lakshman Paswan, Beena Devi and Rupesh Kumar Paswan, feared arrest in a murder case (Amarpur P.S. Case No.55 of 2025) filed under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act. The prosecution alleged that the accused had killed the deceased, who was a relative of petitioners 2 and 3. Petitioners sought anticipatory bail under Section 438 of the CrPC. The counsel for petitioner 1 withdrew the application, leading the court to dismiss it as withdrawn. The court examined the allegations against petitioners 2 and 3, who are the sister‑in‑law and brother‑in‑law of the deceased, and found no specific material justifying denial of bail. Consequently, the court granted anticipatory bail to petitioners 2 and 3, subject to a bail bond of Rs 10,000 with two sureties and compliance with Section 438(2) CrPC and Section 482 BNSS. The order directed them to surrender within four weeks and apply for regular bail thereafter.

Issues considered

  • Whether anticipatory bail should be granted to petitioners 2 and 3 under Section 438 CrPC in view of the murder allegation.
  • Whether the withdrawal of the application by petitioner 1 warrants dismissal of his bail petition.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 BNSS
  • murder allegation
  • withdrawal of application
  • bail bond conditions
  • family relationship

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37609 of 2025
                       Arising Out of PS. Case No.-55 Year-2025 Thana- AMARPUR District- Banka
                 ======================================================
           1.     Lakshman paswan S/o Late Bishu Paswan R/o Village Mahadevpur, P.S-
                  Amarpur District- Banka
           2.    Beena Devi W/o Shiv Kumar Paswan R/o Village Mahadevpur, P.S-
                 Amarpur District- Banka
           3.    Rupesh Kumar Paswan S/o Lakshman Paswan R/o Village Mahadevpur, P.S-
                 Amarpur District- Banka

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Brij Nandad Prasad
                 For the Opposite Party/s :        Mr.Pawan Kumar Chaurasia
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   17-02-2026                     Heard the parties.

                                   2.         The petitioners apprehend their arrest in

                   connection with Amarpur P.S. Case No. 55 of 2025 registered

                   for the offence under Sections 103(1), 3(5) BNS, 2023.

                                   3. As per the prosecution case, the petitioners and

                   other accused are alleged to have killed the deceased.

                                   4. Learned counsel for the petitioners, at the very

                   outset, prays for and is permitted to withdraw this application

                   filed on behalf of petitioner no. 1.

                                   5. Accordingly, this application is dismissed as

                   withdrawn with regard to petitioner no. 1. He is directed to
          Patna High Court CR. MISC. No.37609 of 2025(4) dt.17-02-2026
                                                      2/2




                    surrender within four weeks from today and pray for regular

                    bail.

                                    6. So far as petitioner nos. 2 and 3 are concerned,

                    they are the brother-in-law(Devar) and sister-in-law(Gotni) of

                    the deceased and there is general and omnibus allegation against

                    them.

                                    7. Considering the aforesaid facts, this application

                    is allowed with regard to petitioner nos. 2 and 3.

                                    8. Let the petitioner nos. 2 and 3, above named, in

                    the event of their arrest or surrender before the concerned Court

                    below within four weeks from today, 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 the learned

                    Chief Judicial Magistrate, Banka/concerned Court below in

                    connection with Amarpur P.S. Case No. 55 of 2025, subject to

                    the conditions laid down in Section 438(2) of the Code of

                    Criminal Procedure, 1973 / Section 482 of the BNSS.



                                                                 (Sandeep Kumar, J)
Vikas/-

U


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