Patna High Court
Prabhu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S., 2023 — s. 103(1), 115(2), 126(2), 190, 191(2)
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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