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Patna High Court

Bhim Paswan @ Bhim KumarversusThe State of Bihar

Decided
Disposal
REJECTED

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

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
                                            2/3




          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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