Patna High Court
Subodh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Given the specific and direct nature of the accusation and the gravity of the offence, bail could not be granted.
Summary
Subodh Paswan was arrested for allegedly pressing the neck of the informant’s brother, causing his death, and charged under Sections 109, 103, 61(2) and 3(5) of the B.N.S. He applied for bail, claiming innocence and no prior criminal record. The State and the informant’s counsel opposed bail, emphasizing the specific accusation and seriousness of the offence. The court examined the gravity of the charge and the direct nature of the allegation. It rejected the bail application, finding that the circumstances did not warrant release. The court also directed the trial court to expedite the trial and aim to conclude it within one year.
Issues considered
- Whether bail should be granted to the petitioner accused of murder under Sections 109, 103, 61(2) and 3(5) of the B.N.S.
Legislation cited
- B.N.S. — s. 103, 109, 3(5), 61(2)
Subjects
- bail
- murder
- criminal procedure
- B.N.S.
- Section 109
- Section 103
- Section 61(2)
- Section 3(5)
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83511 of 2025
Arising Out of PS. Case No.-162 Year-2025 Thana- PUNAURA District- Sitamarhi
======================================================
Subodh Paswan Son of Late Vishwanath Paswan Resident of Village -
Raghopur Bakhari, P.S.- Punaura, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Krishna Prasad Singh, Sr. Advocate
Mr. Birendra Kumar, Advocate
For the State : Mr. Binod Kumar, APP
For the Informant : Mr. Pushpendra Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 12-02-2026 Heard learned senior counsel for the petitioner,
learned A.P.P. for the State and learned counsel for the
informant.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 109, 103, 61(2) and 3(5) of
the B.N.S..
3. As per F.I.R., it is alleged that this petitioner
pressed the neck of brother of informant resulting in his death.
4. Learned senior counsel for the petitioner submits
that petitioner is quite innocent and has falsely been implicated
in this case with ulterior motive. Charge-sheet has already been
submitted and petitioner, having no criminal antecedents, is in
custody since 28.07.2025.
Patna High Court CR. MISC. No.83511 of 2025(3) dt.12-02-2026
2/2
5. On the other hand, learned A.P.P. for the State and
learned counsel for the informant have vehemently opposed the
prayer for grant of bail to the petitioner and submitted that
petitioner is named in the F.I.R. with specific accusation that he
pressed the neck of the deceased leading to his death.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
offence, the prayer for grant bail of to the petitioner is rejected.
7. However, considering the fact that petitioner is in
custody since 28.07.2025, the learned trial court is directed to
expedite the trial and conclude the same, preferably within a
period of one year from the date of receipt/production of a copy
of this order.
(Prabhat Kumar Singh, J)
shashank/-
U T
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