Patna High Court
Laddu Paswan @ Om Prakash PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Since the petitioner was only alleged to have threatened the victim and not to have participated in the murder, and the investigation was complete with no risk of evidence tampering, the court granted bail.
Summary
Laddu Paswan applied for bail in a case registered under Sections 302, 201 read with 34 of the IPC for the alleged murder of an informant's husband, stemming from a dispute over illicit liquor trade. The petitioner has been in custody since July 16, 2025, and the prosecution alleges his active participation, while the defence contends he only threatened the victim and has a clean antecedent. The State opposed bail, claiming involvement in the crime, whereas the defence highlighted that the investigation is complete and there is no risk of tampering with evidence. The court observed that the prima facie allegation against the petitioner is limited to threatening, not the actual murder, and noted the completed investigation. Consequently, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 437(3) CrPC and Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the accused in a murder case under Sections 302, 201 read with 34 IPC.
- Whether the alleged threat, without direct participation in the murder, suffices to deny bail.
- Whether the completion of investigation and absence of risk of evidence tampering justify bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
- Indian Penal Code — s. 201, 302, 34
Subjects
- bail
- murder
- IPC
- Section 302
- Section 201
- Section 34
- Criminal Procedure Code
- BNSS
- illicit liquor
- threat
- investigation
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74473 of 2025
Arising Out of PS. Case No.-395 Year-2024 Thana- MANER District- Patna
======================================================
Laddu Paswan @ Om Prakash Paswan, S/o Late Shiv Pujan Paswan, R/o
Village- Khaspur, P.S.- Maner, Dist.- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjiv Sharan, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. for the State.
2. Petitioner seeks bail in connection with Maner
P.S. Case No. 395 of 2024 registered for the offences under
Sections 302, 201 read with 34 of the Indian Penal Code.
3. The petitioner is named in the First Information
Report and is in custody since 16.07.2025.
4. Allegation against the petitioner is to commit
murder of husband of the informant along with other named
co-accused persons, where occurrence took place due to
dispute arising out of illicit liquor business.
5. It is submitted by learned counsel appearing for
the petitioner that the husband of the informant was himself
Patna High Court CR. MISC. No.74473 of 2025(2) dt.06-02-2026
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indulged in manufacturing of illicit liquor activities and for the
said illegal business rivalry, he might be killed by some
unknown persons but, as before the occurrence, petitioner
along with other named co-accused persons advanced threat
to him, he was named with present occurrence, however, the
specific allegation is available against only co-accused
namely, Sukhdev Rai, who called husband of the informant
from his home soon before the occurrence. It is submitted
that informant is not the eye witness of the occurrence and
merely on the basis of suspicion, as discussed aforesaid,
petitioner was implicated with the present case, who is a man
of clean antecedent.
6. While concluding argument, it is submitted that
investigation of this case is already completed and as such,
there is no chance of tampering with the evidence.
7. Learned A.P.P. for the State while opposing the
prayer of bail of the petitioner submitted that petitioner
actively participated in the alleged occurrence.
8. In view of the aforesaid factual submission and
by taking note of the fact as deceased was specifically called
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by co-accused Sukhdev Rai from his house, not by this
petitioner, where prima facie only allegation against this
petitioner is to advance threat along with other named co-
accused persons before the occurrence, maximum creating
suspicion, coupled with the fact that investigation of this case
is already completed, where petitioner remains in custody
since 16.07.2025, accordingly, above-named petitioner is
directed to be released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand only) with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate-1st Class, Danapur/concerned court in connection
with Maner P.S. Case No. 395 of 2024, subject to the
condition as laid down under Section 437 (3) Cr.P.C/Section
480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short
“B.N.S.S.”).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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