Patna High Court
Birendra PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted bail to the petitioners, finding insufficient material evidence against them.
Summary
The petitioners, three Paswan brothers, were arrested in connection with the alleged murder of a 16‑year‑old girl, charged under Sections 103 and 238 of the BNS. They contended that they were falsely implicated, noting that they were not named in the FIR, no incriminating material was recovered, and the only evidence against them was the confessional statement of a co‑accused. The petitioners also highlighted the absence of eyewitnesses, the cause of death being head injury and asphyxia, and their clean criminal records. The State opposed bail, but the Court observed that, apart from the co‑accused’s confession, there was no material linking the petitioners to the crime. Consequently, the Court ordered bail on the condition of a Rs.10,000 bond with two sureties for each petitioner.
Issues considered
- Whether bail should be granted to the petitioners in a murder case where the only evidence is a co‑accused’s confessional statement and no material incriminates the petitioners.
Legislation cited
- BNS — s. 103, 238
Subjects
- bail
- murder
- confessional statement
- clean antecedents
- lack of evidence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83021 of 2025
Arising Out of PS. Case No.-202 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
======================================================
1. Birendra Paswan S/o- Late Baldeo Paswan Resident of Village- Chakhamida
Barai Police Station- Hajipur, Dist- Vaishali
2. Birju Paswan S/o- Mahendra Paswan R/v- Kamalpur Garahi Ps- Jandaha
Dist- Vaishali
3. Birchandra Paswan S/o- Mahendra Paswan R/v- Kamalpur Garahi Ps-
Jandaha Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sweety Sinha, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. Petitioners are in custody in a case registered for
the offence punishable under Sections 103, 238 of the BNS.
3. As per allegation in the FIR, petitioners are accused
of killing a girl aged about 16 years and body of the deceased
was found floating in the water near the pond.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. He next submits that petitioners are not named in the FIR
and no incriminating article has been recovered from the
Patna High Court CR. MISC. No.83021 of 2025(3) dt.21-01-2026
2/3
conscious possession of these petitioners nor they were arrested
on the spot. He next submits that during the course of
investigation, police arrested the Petitioner No.3, namely,
Birchandra Pd. only on the basis of suspicion and he disclosed
the involvement of other co-accused persons in this case. He
next submits that from perusal of the post-mortem report of
deceased as mentioned in para-47 of the case diary, the cause of
death is due to head injury and asphyxia. He further submits
that during the course of investigation, no material has come
against the petitioners save and except the confessional
statement of co-accused. He next submits that Petitioner No.1
has confessed his guilt under the pressure of police. He further
submits that during the whole investigation no witnesses have
have seen the accused persons with the victim (deceased) before
and after the occurrence. He submits that Petitioner No.1,
namely, Birendra Paswan and Petitioner No.2, namely, Birju
Paswan are in custody since 13.03.2025 and Petitioner No.3,
namely, Birchandra Paswan is in custody since 18.05.2025 and
all the petitioners have got no criminal antecedent as stated in
para-3 of the bail petition.
5. Learned APP for the State oppose the prayer for
bail of the petitioners.
Patna High Court CR. MISC. No.83021 of 2025(3) dt.21-01-2026
3/3
6. On perusal of the FIR, case diary, impugned order
dated 26.09.2025 along with post-mortem report of the
deceased, it appears that save and except confessional statement
of the co-accused person, no materials are available on records
which shows the involvement of the petitioners in this case and
also the fact that petitioners have got clean antecedents. So,
considering the aforesaid facts and circumstances of the case
and submission of learned counsel for the petitioners, let the
above-named petitioner be released on bail, on their furnishing
bail bonds of Rs.10,000/-(Ten thousand) each with two sureties
of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Hajipur, Vaishali in connection with Hajipur
Sadar P.S. Case No202 of 2025.
(Ramesh Chand Malviya, J)
Harshita/-
U T
Checking your session…