Created by Fuzzy Cloud

Patna High Court

Bhura @ Gora @ Dharmendra PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was not granted to the petitioners; the application was dismissed.

Summary

The petitioners, Bhura @ Gora @ Dharmendra Paswan and Gulshan Kumar, applied for bail in a case registered under Sections 126(2), 109(1) and 326(G) of the Bharatiya Nyaya Sanhita for allegedly setting fire to an 85‑year‑old deceased who had protested against their consumption of ganja. The incident occurred near the deceased's hut in Parasbigha, Jehanabad, and investigation material reportedly links the petitioners to the arson. The petitioners have been in custody since 29 October 2025. The learned Single Judge considered the seriousness of the allegations, the nature of the offence and the evidential material connecting the accused to the crime. Concluding that the circumstances did not warrant the relaxation of custody, the court dismissed the bail application.

Issues considered

  • What is the appropriate decision on the grant of bail for the accused under Sections 126(2), 109(1) and 326(G) of the Bharatiya Nyaya Sanhita given the nature of the alleged offence and the evidential material?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • arson
  • murder
  • Bharatiya Nyaya Sanhita
  • high court
  • Jehanabad

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6513 of 2026
                    Arising Out of PS. Case No.-286 Year-2025 Thana- PARASBIGHA District- Jehanabad
                 ======================================================
           1.     Bhura @ Gora @ Dharmendra Paswan S/o Vijay Dusad @ Vijay Paswan
                  R/o vill - Godiha, P.S.- Parasbigha, Distt.- Jehanabad
           2.    Gulshan Kumar S/o Prakash @ Jayprakash Das R/o vill - Godiha, P.S.-
                 Parasbigha, Distt.- Jehanabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhananjay Kumar, Advocate
                 For the State            :       Mr.Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   26-03-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                 2. The petitioners seek bail in connection with

                   Parasbigha P.S. Case No. 286 of 2025 registered for the offence

                   punishable under Sections 126(2), 109(1) and 326(G) of the

                   Bharatiya Nyaya Sanhita.

                                 3. When the deceased protested the highhandedness of

                   the accused persons, who were consuming ganja near the hut of

                   the deceased, then 85 years old deceased was burnt.

                                 4. Materials have come during investigation to

                   connect the petitioners with the crime.

                                 5. The petitioners are in custody since 29.10.2025.
           Patna High Court CR. MISC. No.6513 of 2026(3) dt.26-03-2026
                                                       2/2




                                  6. Considering the nature of allegation and also the

                     fact that the materials have come to connect the petitioners of

                     burning the 85 years old deceased, I am not inclined to grant

                     bail to the petitioners.

                                  7. Accordingly, the application stands dismissed.


                                                                         (Sandeep Kumar, J)

P. Kumar

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.