Patna High Court
Kameshwar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bhartiya Nyaya Sanhita, 2023 — s. 108, 2(1)(d), 238, 3(5), 482(2)
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
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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:-
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“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
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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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