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Patna High Court

Kameshwar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the allegations against the petitioners were not substantiated and granted them anticipatory bail.

Summary

The petitioners, Kameshwar Paswan and his son Suraj Kumar, sought anticipatory bail fearing arrest in a murder case (Bikram PS Case No. 470 of 2025) filed under Sections 108, 3(5) and 238 of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that the victim was killed by her in‑laws, based on an informant’s statement. The petitioners contended they were not named as accused, that the allegations were fabricated, and that the post‑mortem report indicated death by drowning, contradicting the prosecution’s version. A coordinate bench had earlier granted anticipatory bail to three co‑accused after reviewing the case diary and post‑mortem report. Relying on those observations, the court found the FIR allegations against the petitioners unsubstantiated and ordered their release on anticipatory bail, subject to a bond and conditions under Sections 2(1)(d) and 482(2) of the BNS.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under the Bhartiya Nyaya Sanhita, 2023 in view of the allegations in the FIR.
  • Whether the allegations in the FIR against the petitioners are sufficiently substantiated to deny bail.
  • Whether the conditions prescribed under Sections 2(1)(d) and 482(2) of the BNS, 2023 are applicable.

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • false allegations
  • post‑mortem report
  • Bhartiya Nyaya Sanhita
  • Section 108
  • Section 238
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7159 of 2026
                        Arising Out of PS. Case No.-470 Year-2025 Thana- BIKRAM District- Patna
                 ======================================================
           1.     Kameshwar Paswan S/O Late Ram Lakhan Paswan R/O Village- Sarwan
                  Bhadsara, P.S- Bikram, Distt.- Patna.
           2.    Suraj Kumar @ Suraj Paswan S/O Kameshwar Paswan R/O Village- Sarwan
                 Bhadsara, P.S- Bikram, Distt.- Patna.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saroj Kumar Sharma, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

4   22-04-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Bikram P.S. Case No. 470 of 2025, dated

                   26.09.2025, lodged under Section 108, 3(5) and 238 of the

                   Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS,

                   2023”).

                                3. As per the prosecution, the informant has stated

                   that her daughter was murdered by her in-laws, and she was

                   informed by the child of the deceased as to how the killing was

                   carried out.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have committed no offence.
Patna High Court CR. MISC. No.7159 of 2026(4) dt.22-04-2026
                                            2/4




          Counsel further submits that, admittedly, the marriage

          solemnized 15 years ago, and from the said wedlock, three

          children were born to the deceased. Counsel further submits that

          a co-ordinate Bench of this Hon’ble Court, while considering

          the anticipatory bail application of three other co-accused

          persons, had called the Investigating Officer in the case and

          perused the case diary as well as the post-mortem report, and

          thereafter granted bail to the said co-accused persons vide order

          dated 07.04.2026 passed in Cr. Misc. Case No. 86133 of 2025.

                       5. Counsel further submits that the husband has not

          been made an accused in the present case and the entire

          allegations are false and fabricated. It is also submitted that the

          cause of death, as mentioned in the post-mortem report, does not

          match the prosecution version. Counsel further submits that the

          petitioners have clean criminal antecedents.

                       6. Learned A.P.P. for the State opposes the prayer for

          bail of the petitioners and submits that there is a specific

          allegation in the F.I.R.

                       7. The observations made by the co-ordinate Bench of

          this Hon’ble Court in paragraph 6 of the order dated 07.04.2026

          passed in Cr. Misc. Case No. 86133 of 2025 are quoted as

          follows:-
Patna High Court CR. MISC. No.7159 of 2026(4) dt.22-04-2026
                                            3/4




                                  “6. On query of the Court from the
                                  Investigating Officer about the case, the
                                  Investigating       Officer   also   very   fairly
                                  submitted that the cause of death is asphyxia
                                  on account of drowning. It is further
                                  submitted that even the statement of the
                                  daughter of the victim was recorded wherein
                                  she stated that on the date of occurrence she
                                  was in the school and she was informed that
                                  her mother was unwell, as such, she came to
                                  the house but did not find her mother but
                                  then she also disclosed that a day before she
                                  had heard her grandmother talking to her
                                  uncle and were discussing how to kill the
                                  victim. It is next submitted that during the
                                  course of investigation, no such call from the
                                  grandmother to the uncle of the daughter of
                                  the victim had gone.”


                       8. Upon perusal of the said observations, it transpires

          to this Court that the allegations made in the F.I.R. against the

          present petitioners are not substantiated.

                       9. Accordingly, let the above-named petitioners be

          released on anticipatory bail, in the event of arrest or surrender

          before the Trial Court within a period of 4 weeks from today, on

          furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

          each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
          Patna High Court CR. MISC. No.7159 of 2026(4) dt.22-04-2026
                                                      4/4




                    satisfaction of A.C.J.M.- VI, Bikram, in connection with Bikram

                    P.S. Case No. 470 of 2025, subject to the conditions as laid

                    down U/s 482(2) of the BNSS, 2023.



                                                                        (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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