Patna High Court
Amarjeet Paswan @ Jeet Paswan @ Jeetu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioners, subject to stringent conditions, under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S.
Summary
The petitioners, two brothers-in-law of a deceased woman, sought anticipatory bail in a dowry death case (Bochahan P.S. Case No. 190 of 2025, G.R. No. 3964 of 2025) where they were alleged to have demanded dowry and participated in the victim's torture and murder. They argued that they live separately from the family, have no incriminating evidence against them, possess a Mukhiya certificate confirming their separate residence, and have clean antecedents. The State opposed the bail, contending the seriousness of the offences under Sections 80 and 3(5) of the B.N.S. The Court, after considering the submissions, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., including bail bonds, sureties, personal appearance in court, and verification of criminal antecedents. The order emphasized that the bail conditions could be cancelled upon violation or discovery of concealed antecedents. The application was allowed, and the bail order was issued with specific safeguards.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a dowry death case under Sections 80 and 3(5) of the B.N.S.
- Whether the petitioners pose a risk of tampering with evidence or influencing witnesses
- Whether the petitioners have any concealed criminal antecedent that would justify denial of bail
- Applicability of Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S. in granting anticipatory bail
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- Section 80
- Section 3(5)
- CrPC
- B.N.S.S.
- bail conditions
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6378 of 2026
Arising Out of PS. Case No.-190 Year-2025 Thana- BOCHAHAN District- Muzaffarpur
======================================================
1. Amarjeet Paswan @ Jeet Paswan @ Jeetu Paswan S/O Naresh Paswan R/O
Village- Salha, Ward No. 13, P.S.- Bochahan, Distt.- Muzaffarpur
2. Manjeet Paswan @ Mandhot Paswan S/O Naresh Paswan R/O Village-
Salha, Ward No. 13, P.S.- Bochahan, Distt.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pradeep Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in connection
with Bochahan (Muzaffarpur) P.S. Case No. 190 of 2025, G.R.
No. 3964 of 2025 registered for the offences under Sections 80
and 3(5) of the B.N.S.
3. The prosecution case is to the effect that the
informant has alleged that all the named accused persons,
including the petitioner, were demanding dowry and on account
of non-fulfillment of the same, the daughter of the informant
was subjected to torture. It is also alleged that all the named
accused persons killed his daughter on 04.08.2025.
Patna High Court CR. MISC. No.6378 of 2026(2) dt.04-02-2026
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4. Learned counsel for the petitioners submits that the
petitioners are the brothers-in-law (bahisur) of the deceased and
that they are living separately from the family of their brother. It
has further been submitted that nothing incriminating has been
found against the petitioners and that a certificate issued by the
Mukhiya substantiates the claim of the petitioners that they are
separate in mess and business from their brother. It has next
been submitted that no independent witness has supported the
allegations against the petitioners. It has lastly been submitted
that the petitioners carry clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioners above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) each with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Bochahan
(Muzaffarpur) P.S. Case No. 190 of 2025, G.R. No. 3964 of
2025 subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.6378 of 2026(2) dt.04-02-2026
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438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
(i) One of the bailors of the petitioners shall be
their close relative.
(ii) The petitioners shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
the petitioners will be liable to be cancelled by the
Court concerned.
(iv) If the petitioners are found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have
concealed their criminal antecedents, the court
below shall take step for cancellation of bail bond
of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall
not be delayed for purpose of or in the name of
Patna High Court CR. MISC. No.6378 of 2026(2) dt.04-02-2026
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verification.
7. Accordingly, the present application stands
allowed.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
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