Patna High Court
Bhim Paswan @ Bhim KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- KHATIM REZA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Bhim Paswan, applied for bail in a murder case (Paliganj PS Case No.216 of 2025) where he is accused, along with co‑accused, of killing his wife. The charges are under Sections 126(2), 115(2), 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner argued that there was no dowry demand and that the deceased had allegedly committed suicide, with no eye‑witnesses or evidence of torture. The State and the informant opposed bail, emphasizing the petitioner’s primary duty to explain his wife’s death and noting that the accused had fled the scene, raising suspicion. After considering the submissions, the Court declined to grant bail, directing the trial court to expedite the trial within a year, and dismissed the bail application.
Issues considered
- Whether the petitioner is entitled to bail pending trial for the offences under Sections 126(2), 115(2), 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 80
Subjects
- bail
- murder
- criminal procedure
- Bharatiya Nyaya Sanhita
- dowry death
- trial acceleration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4050 of 2026
Arising Out of PS. Case No.-216 Year-2025 Thana- PALIGANJ District- Patna
======================================================
Bhim Paswan @ Bhim Kumar, Male, aged about 29 years, son of Shivdev
Prasad @ Shivdev Paswan @ Suryadev Paswan, resident of Village- Milki,
P.S.- Paliganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shyam Kishore, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
For the Informant : Mr. Dilip Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
4 24-02-2026 Heard learned counsel for the petitioner; learned
Additional Public Prosecutor for the State and learned counsel
for the informant, who has appeared suo motu.
2. The petitioner seeks bail in connection with
Paliganj PS Case No.216 of 2025 dated 09.05.2025, instituted
for the offence punishable under Sections 126(2), 115(2), 80,
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioner is that he along
with other co-accused committed the murder of his wife.
Petitioner is the husband of the deceased.
4. Learned counsel for the petitioner submits that
there is no allegation of demand of dowry by the petitioner or
his family members. In fact, the deceased herself committed
Patna High Court CR. MISC. No.4050 of 2026(4) dt.24-02-2026
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suicide by hanging herself on account of some dispute with her
husband i.e., the petitioner. There is no eye witness to the
occurrence and further there is no allegation of any torture ever
made to the deceased. The petitioner himself informed the
informant about the occurrence.
5. Learned APP as well as learned counsel for the
informant has opposed the prayer for bail. Learned counsel for
the informant submits that the petitioner is the husband of the
deceased and, thus, it is his primary duty to explain as to how
the deceased has died. All the accused persons including the
petitioner had fled away after committing the crime from the
place of occurrence which itself raises doubt against the
petitioner and his family members.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, I am
not inclined to grant bail to the petitioner at this stage.
7. Accordingly, prayer of the petitioner for grant of
bail is rejected.
8. The learned trial Court is directed to expedite the
trial and conclude the same as early as possible, preferably,
within a period of one year from the date of receipt/production
of a copy of this order.
Patna High Court CR. MISC. No.4050 of 2026(4) dt.24-02-2026
3/3
9. The application stands dismissed.
(Khatim Reza, J)
J. Alam/-
U T
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