Patna High Court

Babuchand Paswan @ AlokversusThe State of Bihar

Decided: 10 April 2026
Disposal: DISMISSED
Bench: ASHOK KUMAR PANDEY

Holding

The court denied the petitioner’s prayer for regular bail.

Summary

The petitioner, Babuchand Paswan, sought regular bail in a case registered under Sections 103(1), 238 and 3(5) of the B.N.S. relating to the alleged murder of his wife, Pallavi Bharti. The prosecution alleged that the petitioner, who was married to the deceased, was involved in her death and that the body was concealed. The petitioner contended that he was innocent, had no criminal antecedent, was residing elsewhere running a clinic, and was falsely implicated; he had been in judicial custody since 14‑11‑2024. The State opposed bail, emphasizing the suspicious circumstances of the death, lack of post‑mortem, and the petitioner’s alleged lack of bonafide conduct. After hearing both sides, the court declined to grant bail, directing that the petitioner may re‑apply after six months and ordering the trial court to conclude the trial within six months.

Issues considered

Whether the petitioner is entitled to regular bail under Sections 103(1), 238 and 3(5) of the B.N.S. given the nature of the allegations
Whether the petitioner’s conduct and the circumstances of the deceased’s death justify denial of bail
Whether the trial can be concluded within the stipulated period to permit a later bail application

Legislation cited

B.N.S. — s. 103(1), 238, 3(5)

Subjects

bail
regular bail
criminal procedure
murder
judicial custody
B.N.S. sections 103 238 3(5)
trial court deadline

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8208 of 2026
                      Arising Out of PS. Case No.-233 Year-2024 Thana- DANIYAWAN District- Patna
                 ======================================================
                 Babuchand Paswan @ Alok, S/o- Ram Ashray Paswan, R/v- Marwa, PS-
                 Daniyawan Dist-Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Tilak Sao, Advocate
                 For the Opposite Party/s :       Ms.Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   10-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 103(1), 238

                   and 3(5)of the B.N.S.

                                3. The case of the prosecution, in short, is that the

                   daughter of the informant Ananya Bharti was married to the

                   petitioner in the year 2019. It is further alleged that second

                   daughter of the informant, namely, Pallavi Bharti was also

                   married with the petitioner. The informant got information from

                   the villagers that the in-laws of the Pallavi Bharti have killer her

                   and her dead body is concealed.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.8208 of 2026(4) dt.10-04-2026
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          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner ha submitted that

          though petitioner is the husband but he was not living at the

          place where the deceased was living rather he was running a

          clinic at Nagarnausa and from perusal of the case diary, it will

          transpire that he was being informed by the in-laws. After that,

          he has arrived at the house situated at the village where the

          deceased was living. Petitioner is having no criminal antecedent

          and he is languishing in judicial custody since 14.11.2024.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail. In this case, a

          married lady has died in her matrimonial house and neither

          information regarding death was given to the parents of the

          deceased nor they were called in cremation nor the postmortem

          report was conducted. It is the case of the petitioner that she has

          committed suicide.

                       6. Be it as may be, the conduct of the petitioner who is

          husband of the deceased does not appear to be bonafide.

                       7. Having heard the learned counsel for the parties and

          considering the nature of allegation, this court is not inclined to

          enlarge the petitioner on bail at this stage and, as such, his prayer

          for bail stands rejected.

                       8. However, petitioner may renew his prayer for bail
             Patna High Court CR. MISC. No.8208 of 2026(4) dt.10-04-2026
                                                         3/3




                       after six months if the trial is not concluded.

                                    9. Learned trial Court is directed to conclude the trial

                       within a period of six months.


                                                          (Ashok Kumar Pandey, J)

lata/-
U        T

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