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Patna High Court

Subodh PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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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