Patna High Court
Lakshman paswanversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
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The court allowed anticipatory bail for petitioners 2 and 3 while dismissing the application of petitioner 1 as withdrawn.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 The counsel for petitioner 1 withdrew the application, leading the court to dismiss it as withdrawn.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
- Bihar Narcotic Substances Act (BNSS) — s. 103(1), 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
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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