Patna High Court
Shrawan Pal @ Shrawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court ordered the release of all three petitioners on bail, finding that the lack of a complete eye‑witness and the non‑framing of charges warranted bail.
Summary
The petitioners, Shrawan Pal, Bipen Pal and Pawan Kumar, were arrested in connection with an alleged assault that resulted in the death of the informant's brother. The FIR indicates that the informant left the scene and was not an eye‑witness to the entire incident, and the allegations of assault are described as general and omnibus. Despite being in custody for nine months, no charge was framed against the accused, and the investigation was reported to be completed with a charge‑sheet filed. The petitioners sought bail, arguing lack of a reliable eye‑witness and the delay in framing charges. The court held that the informant could not be considered a complete eye‑witness and the absence of charge‑framing indicated that the trial was unlikely to conclude soon, and therefore granted bail to all three petitioners subject to conditions under Section 437(3) of the CrPC and Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted when the alleged eye‑witness is not a complete witness to the incident
- Whether the failure to frame charges for nine months justifies bail
- Whether the nature of the offences under the Bhartiya Nyaya Sanhita warrants denial of bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1) read with 3(5), 109, 115, 118(1), 126(2)
- Code of Criminal Procedure, 1973 — s. 437(3)
Subjects
- bail
- assault
- homicide
- eye‑witness
- charge framing
- Bhartiya Nyaya Sanhita
- CrPC
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84241 of 2025
Arising Out of PS. Case No.-257 Year-2024 Thana- BIHARIGANJ District- Madhepura
======================================================
1. Shrawan Pal @ Shrawan Kumar, S/o Surendra Pal
2. Bipen Pal @ Bijen Pal, S/o Late Gulay Pal
3. Pawan Kumar, S/o Surendra Pal
All are R/o Village-Kathotiya, Ward No.07, P.S.-Bihariganj, Distt.-
Madhepura.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Senior Advocate
Mr. Ranjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-02-2026 Heard learned senior counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners seek bail in connection with
Bihariganj P.S. Case No.257 of 2024 registered for the
offences punishable under Sections 115, 126(2), 118(1),
109, 103(1) read with 3(5) of the Bhartiya Nyaya Sanhita,
2023 (for short ‘B.N.S.’).
3. The accused/petitioners are named in the FIR
and are in custody since 11.06.2025.
4. Allegation against petitioner is to assault the
brother of informant and others during course of occurrence
along with co-accused persons causing head and bodily
Patna High Court CR. MISC. No.84241 of 2025(2) dt.10-02-2026
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injuries, where during hospitalization, the brother of
informant succumbed to the injuries.
5. Mr. N.K. Agrawal, learned senior counsel
appearing for petitioner submitted that face of FIR itself
suggest that informant left the place of occurrence in between
out of fear and, therefore, he cannot be said complete eye-
witness of the crime in question. It is submitted that
informant subsequently, came to know that his brother died
during hospitalization in Madhepura College and Hospital. It is
submitted that even the allegation of physical assault qua
petitioner is appearing very much general and omnibus in
nature. It is submitted that despite of custody of about nine
months even charge could not framed in this matter. While
concluding argument, it is submitted that investigation of this
case has already been completed for which, charge-sheet has
been submitted and, as such, there is no chance of tampering
with the evidence. Explaining criminal antecedent, it is
submitted by Mr. Agrawal that all three petitioners are
involved in two more criminal cases, where they are on bail.
6. Learned APP opposes the prayer for grant of bail
Patna High Court CR. MISC. No.84241 of 2025(2) dt.10-02-2026
3/3
to the petitioners.
7. In view of aforesaid factual submissions and by
taking note of fact as prima facie, the informant cannot be
said eye-witness of the complete occurrence as per FIR,
coupled with the fact that the allegation of physical assault is
appearing very much general and omnibus in nature qua
petitioners, where despite of custody period of nine months,
even charge could not framed against the petitioners
suggesting that trial of this case would not likely to conclude
in near future, accordingly, all three petitioners, above-
named, are directed to be released on bail on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the
learned S.D.J.M. Udakishunganj in connection with Bihariganj
P.S. Case No.257 of 2024, subject to the conditions as laid
down under Section 437(3) of the CrPC/under Section 480(3)
of the Bhartiya Nagrik Suraksha Sanhita (for short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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