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Patna High Court

Ravindra PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied pre‑arrest bail to the petitioners.

Summary

The petitioners, members of the Paswan family, sought pre‑arrest bail after being named in an FIR for alleged murder of a deceased person, charged under sections 103(1) and 3(5) of the BNS. The FIR and post‑mortem report indicated multiple injuries, suggesting a serious homicide. The court examined the nature of the accusation, the material evidence, and the gravity of the offence. Considering these factors, the court found that the petitioners posed a flight risk and that the seriousness of the charge warranted custody. Consequently, the petition for pre‑arrest bail was rejected.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail in a murder case under sections 103(1) and 3(5) of the BNS

Legislation cited

  • BNS — s. 103(1), 3(5)

Subjects

  • pre‑arrest bail
  • murder
  • criminal procedure
  • bail denial
  • sections 103(1) BNS
  • section 3(5) BNS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3865 of 2026
                  Arising Out of PS. Case No.-191 Year-2025 Thana- MUSRIGHRARI District- Samastipur
                 ======================================================
           1.     Ravindra Paswan S/o Mogal @ Bhogal Paswan R/o Village - Bisambharpur,
                  P.S - Musarigharari, District - Samastipur
           2.    Samali Devi @ Manisha Devi W/o Ravindra Paswan R/o Village -
                 Bisambharpur, P.S - Musarigharari, District - Samastipur
           3.    Raja Kumar S/o Ravindra Paswan R/o Village - Bisambharpur, P.S -
                 Musarigharari, District - Samastipur
           4.    Rani Kumari @ Rakhi Kumari D/o Ravindra Paswan R/o Village -
                 Bisambharpur, P.S - Musarigharari, District - Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Aditya Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Parmanand Kumar , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-02-2026                      Heard learned counsel for the petitioners and the

                   State .

                                2. Petitioners apprehends arrest in a case registered

                   for the offence punishable under sections 103 (1) and 3 (5) of

                   BNS.

                                3 . Petitioners are named in the F.I.R. with the

                   allegation that these petitioners along with other co-accused

                   persons committed murder of the deceased.

                                  4. On perusal of the record, it appears that these

                   petitioners along with other co-accused persons were involved
            Patna High Court CR. MISC. No.3865 of 2026(2) dt.02-02-2026
                                                        2/2




                      in the alleged occurrence and post-mortem report goes to show

                      that there were multiple injuries on the body of the deceased.

                                   5 . Considering the nature of accusation , materials

                      available on record, gravity of offence and other circumstances

                      of the case , prayer for pre-arrest bail of the petitioners is

                      rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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