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Patna High Court

Prabhu PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

Prabhu Paswan applied for bail in a murder case (Obra P.S. Case No. 219 of 2025) where the deceased Puja Kumari was alleged to have been killed by her in‑laws. The petitioner claimed he is the father‑in‑law of the deceased, maintains his innocence, has no criminal antecedent, and has been in judicial custody since 15‑06‑2025. He argued that the main accused, the husband, is already in custody and that the mother‑in‑law of the deceased was previously granted bail in a similar case (Cr. Misc. No. 63680 of 2025). The State opposed the bail, but the court, after hearing both sides, found the petitioner's claim credible and ordered that he be released on bail. The bail was set at a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Sub‑Divisional Judicial Magistrate, Daudnagar.

Issues considered

  • What is the appropriate exercise of discretion by the court in granting bail to the petitioner under the provisions of the B.N.S., 2023?
  • Does the petitioner’s lack of criminal antecedent and the existence of a similar bail order for a co‑accused justify granting bail?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • murder
  • false implication
  • surety
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6010 of 2026
                       Arising Out of PS. Case No.-219 Year-2025 Thana- OBRA District- Aurangabad
                 ======================================================
                 Prabhu Paswan Son of Late Tribeni Paswan Resident of Village- Diyadipur,
                 P.S.- Obra, District- Aurangabad (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Aman Vishal, Advocate
                 For the Opposite Party/s :        Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                  Heard Mr. Aman Vishal, learned counsel for the

                   petitioner and Mr. Umesh Lal Verma, learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Obra P.S. Case No. 219 of 2025 registered for the offence

                   punishable under Sections 190, 191(2), 115(2), 126(2), 103(1)

                   of the B.N.S., 2023.

                                3. The case of the prosecution in short is that the

                   daughter of the informant, namely, Puja Kumari (deceased) was

                   married nine years ago to one Vipin Paswan. It is alleged that

                   her in-laws have killed her.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that the petitioner is father-in-law. The
           Patna High Court CR. MISC. No.6010 of 2026(2) dt.06-02-2026
                                                       2/2




                     nature of allegation is general and omnibus. He also submits

                     that the husband, against whom the main thrust of the allegation

                     is already in custody. He also submits that the mother-in-law of

                     the deceased has already been granted bail by this court vide Cr.

                     Misc. No. 63680 of 2025. The case of this petitioner stands on

                     similar footing. Moreover, a statement has been made in para 3

                     of the petition that petitioner has no criminal antecedent and he

                     is languishing in judicial custody since 15.06.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned Sub-

                     divisional Judicial Magistrate, Daudnagar, Aurangabad(Bihar)

                     in connection with Obra P.S. Case No. 219 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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