Patna High Court
Bhura @ Gora @ Dharmendra PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 109(1), 126(2), 326(G)
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
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