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Patna High Court

Amarjeet Paswan @ Jeet Paswan @ Jeetu PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                             2/4




                       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
                                            3/4




          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
                                                       4/4




                                     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/-

U


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