Patna High Court
Vinod Paswan @ Binod Paswan @ Arun YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Code of Criminal Procedure — s. 437(3)
- Indian Penal Code — s. 302, 307, 323, 34, 341, 506
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
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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
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