Patna High Court
Murari Kumar Paswan @ Murari PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that the petitioner is entitled to regular bail.
Summary
The petitioner, Murari Kumar Paswan, was arrested in connection with the death of his wife, the sister of an informant, alleged to have been tortured and left unconscious on 31‑08‑2024, leading to her death in hospital. He was charged under sections 80, 123 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and a charge‑sheet was filed under section 108. Paswan contended that he was innocent, that the deceased had committed suicide, and that the informant was not an eye‑witness; he also highlighted his clean antecedents and that he had been in custody since 14‑09‑2025. The State opposed his bail application. Considering the nature of the accusation, the investigation material and the length of custody, the Court granted regular bail on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita
- Whether the material evidence and length of custody justify denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 108, 123, 3(5), 80
Subjects
- bail
- criminal procedure
- murder
- suicide
- Bharatiya Nyaya Sanhita
- charge sheet
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4292 of 2026
Arising Out of PS. Case No.-59 Year-2024 Thana- Sonki District- Darbhanga
======================================================
Murari Kumar Paswan @ Murari Paswan S/O Late Bilayati Paswan @ Vilati
Paswan R/O Village and P.O- Sajhuar, P.S- Bahera, Distt.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Om Prakash Kumar, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the parties.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under sections 80, 123 and 3(5) of the
B.N.S.
3. As per prosecution case, marriage of sister of
informant was solemnized with petitioner Murari Paswan in the
year 2021. It is alleged that on 31.08.2024, all the accused
persons named in the F.I.R., including this petitioner, after
torturing, left the sister of informant in unconscious condition at
her paternal house and fled away. Thereafter, informant’s sister
was taken to D.M.C.H. for treatment where she was declared
dead.
4. It is submitted by learned counsel appearing on
behalf of the petitioner, who is husband of the deceased, that
petitioner is quite innocent and has committed no offence.
Informant is not an eye witness of the occurrence and only
suspicion has been raised against the petitioner. As a matter of
fact, deceased committed suicide. Deceased died in hospital
while she was under treatment. Charge sheet has already been
Patna High Court CR. MISC. No.4292 of 2026(2) dt.16-02-2026
2/2
filed finding the case to be true under section 108 of the
Bharatiya Nyaya Sanhita, 2023. Petitioner claims clean
antecedent and he is in custody since 14.9.2025.
5. Learned counsel for the State opposes the prayer
for bail.
6. Considering the nature of accusation, materials
collected during investigation and period of custody of the
petitioner, his prayer for regular bail is allowed. Let the
petitioner, mentioned above, be enlarged on bail on furnishing
bail bond of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of Additional Chief Judicial
Magistrate I, Darbhanga in Sonki Police Station Case No. 59 of
2024.
(Prabhat Kumar Singh, J)
Shashi
U T
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