Patna High Court
Varun Paswan @ Nehal @ Varun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to monetary bond, sureties, and conditions of cooperation and non‑tampering.
Summary
Varun Paswan, the petitioner, was arrested on 28 April 2025 in connection with a case alleging dowry‑related murder under Sections 304B and 34 of the IPC. He contended that he has a clean antecedent, was falsely implicated because he is the husband of the deceased, and that the post‑mortem was conducted before the FIR was lodged, suggesting the death was a suicide. The prosecution opposed bail, arguing the seriousness of the offences. The court examined the lack of specific dowry demand against the petitioner, the timing of the post‑mortem, and his clean record, and decided to grant bail on a cash bond with two sureties and several conditions, including cooperation with the trial and no tampering with evidence. The bail order also directed verification of any concealed criminal antecedent without delaying the release.
Issues considered
- Whether bail should be granted to an accused charged under Sections 304B and 34 of the IPC pending trial.
- Whether the petitioner was falsely implicated given the post‑mortem was conducted before the FIR and the claim of suicide.
- Whether the petitioner's clean antecedent and lack of specific dowry demand warrant bail.
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- dowry death
- IPC 304B
- common intention
- false implication
- postmortem
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78883 of 2025
Arising Out of PS. Case No.-258 Year-2023 Thana- LALGANJ District- Vaishali
======================================================
Varun Paswan @ Nehal @ Varun Kumar Son of Shatrudhan Paswan Vill-
Shahdullahpur, P.S.-Lalganj, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 29-01-2026 Heard Mr. Sunil Kumar Singh, learned counsel for
the petitioner and Dr. Ajeet Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
28.04.2025 in connection with Lalganj P.S. Case No. 258 of
2023, F.I.R. dated 17.07.2023 for the offences punishable under
Sections 304(B) and 34 of the IPC.
3. According to prosecution case, all the accused
persons including this petitioner have killed the daughter of the
informant due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case merely on the ground that he is
husband of the deceased. It appears from the F.I.R that there is
Patna High Court CR. MISC. No.78883 of 2025(4) dt.29-01-2026
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no specific allegation of assault or demand of dowry against the
petitioner rather there is general and omnibus allegation against
all the accused persons including this petitioner. He further
submits that the date of occurrence is 06.06.2023 but the F.I.R
has been instituted on 17.07.2023 and before lodging of the
present F.I.R, the postmortem was conducted by the authority on
06.06.2023 itself and the present F.I.R has been instituted after
seeing the postmortem report only to falsely implicate the
petitioner. In fact, the deceased has committed suicide herself.
He further submits that the police after investigation submitted
the charge sheet against the petitioner. The petitioner is in
custody since 28.04.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and the postmortem was
conducted before lodging of the F.I.R, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned ASJ-VIII, Vaishali at
Hajipur in connection with Lalganj P.S. Case No. 258 of 2023,
subject to the following conditions:-
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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