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Patna High Court

Birendra PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


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