Created by Fuzzy Cloud

Patna High Court

Vinod Paswan @ Binod Paswan @ Arun YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to a bond and the conditions specified under CrPC 437(3) and BNSS 480(3).

Summary

The petitioner, Vinod Paswan, was arrested in connection with a murder arising from a land dispute and charged under several sections of the Indian Penal Code (341, 323, 302, 307, 506 read with 34). He had been in custody since 19 March 2025 and applied for bail. The petitioner argued that the FIR only alleged he gave orders to kill, that the post‑mortem showed a single fatal injury, and that the investigation was complete with a charge‑sheet filed, eliminating any risk of evidence tampering. The State opposed bail, citing the seriousness of the offences. The court, noting the limited direct involvement attributed to the petitioner and the completed investigation, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under CrPC Section 437(3) and BNSS Section 480(3).

Issues considered

  • Whether bail should be granted to an accused of murder and related offences under the IPC.
  • Whether the completion of investigation and filing of charge‑sheet negates the risk of tampering, justifying bail.
  • Whether the bail conditions prescribed under Section 437(3) of the CrPC and Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita are applicable.

Legislation cited

Subjects

  • bail
  • murder
  • Indian Penal Code
  • land dispute
  • Criminal Procedure Code
  • Bhartiya Nagrik Suraksha Sanhita
  • charge sheet
  • investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72433 of 2025
                   Arising Out of PS. Case No.-121 Year-2024 Thana- SHAMBHUGANJ District- Banka
                 ======================================================
                 Vinod Paswan @ Binod Paswan @ Arun Yadav, S/o Late Lakhpati Paswan,
                 R/o Village- Pipra Tola, Khagra, P.S.- Shambnhuganj, District- Banka

                                                                                 ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Dhananjay Kumar Pandey, Advocate
                 For the Opposite Party/s :     Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   10-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner seeks bail in connection

                   with Shambhuganj P.S. Case No.121 of 2024 registered for

                   the offences punishable under Sections 341, 323, 302, 307

                   and 506 read with 34 of the Indian Penal Code (in short

                   ‘IPC’).

                                3. The accused/petitioner is named in the FIR and

                   is in custody since 19.03.2025.

                                4. As per FIR, the petitioner along with other co-

                   accused persons committed murder of father of informant.

                   The alleged assault was made by using lathi, danda, iron rod,

                   etc in the background of land dispute.
Patna High Court CR. MISC. No.72433 of 2025(4) dt.10-02-2026
                                            2/3




                       5. It is submitted by learned counsel appearing for

          petitioner that occurrence took place in the background of

          land dispute, as it appears from facial perusal of FIR itself. It

          is submitted that allegation qua causing fatal assault is

          available against all named co-accused persons and if it is

          accepted true on its face then, multiple injuries to be found

          upon deceased but, upon perusal of postmortem report, only

          single had injury was found upon deceased father of the

          informant, which proved fatal, making accusations doubtful

          on its face.It is submitted that the maximum allegation as per

          FIR, which is available against petitioner is to give order to his

          son and others to kill the father of the informant. While

          concluding argument, it is submitted that investigation of this

          case is already completed, for which, charge-sheet has been

          submitted and, as such, there is no chance of tampering with

          the evidence.

                       6. Learned APP opposed the prayer for grant of bail

          to the petitioner.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as the maximum allegation against this
          Patna High Court CR. MISC. No.72433 of 2025(4) dt.10-02-2026
                                                      3/3




                    petitioner is to give order during the occurrence, coupled with

                    the fact that investigation of this case is already completed,

                    where petitioner remains in custody since 19.03.2025,

                    accordingly, the petitioner, above-named, is directed to be

                    released on bail furnishing bail bond of Rs.10,000/- (Rupees

                    Ten Thousand) with two sureties of the like amount each to

                    the satisfaction of the learned Additional Sessions Judge-II,

                    Banka in connection with S.T. No.244 of 2025 arising out of

                    Shambhuganj P.S. Case No.121 of 2024, subject to the

                    conditions as laid down under Section 437(3) of the Code of

                    Criminal Procedure (for short ‘CrPC’)/under Section 480(3) of

                    the Bhartiya Nagrik Suraksha Sanhita (for short ‘BNSS’).


                                                         (Chandra Shekhar Jha, J.)
    Sanjeet/-

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.