Patna High Court
Mukesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to strict conditions.
Summary
Mukesh Paswan was arrested on 22 July 2025 in connection with a 2020 murder case (PS Harsidhi Case No. 250) where the deceased was set on fire. The prosecution alleged that co‑accused poured kerosene and ignited the victim, while Paswan was said only to have held the deceased. Paswan, who has a clean antecedent, argued that he was falsely implicated and that the FIR does not specifically charge him with the act of setting the fire. The Additional Public Prosecutor opposed bail, citing the seriousness of the offences (IPC Sections 302, 326, etc.). The court, noting the lack of a specific allegation against Paswan beyond holding the victim and his clean record, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the accused in a murder case where the only specific allegation against him is that he held the victim.
- Whether the seriousness of the offences (IPC Sections 302, 326, etc.) outweighs the petitioner's clean antecedent and the lack of direct involvement in the act of setting fire.
Legislation cited
- Indian Penal Code — s. 302, 307, 325, 326, 34, 341
Subjects
- bail
- murder
- Indian Penal Code
- criminal antecedent
- evidence tampering
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85144 of 2025
Arising Out of PS. Case No.-250 Year-2020 Thana- HARSIDHI District- East Champaran
======================================================
Mukesh Paswan S/o- Jimu Paswan R/v- Ghogharaha Bairiya Dih, W.No-1,
Ps- Harsidhi Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 19-01-2026 Heard Mr. Abhishek Kumar, learned counsel for the
petitioner and Mr. Umanath Mishra, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
22.07.2025 in connection with Harsidhi P.S. Case No. 250 of
2020, F.I.R. dated 15.06.2020 for the offences punishable under
Sections 341, 325, 307 and 34 of the IPC but later on Sections
302 and 326 of the IPC were added.
3. According to prosecution case, this petitioner along
with other accused persons have killed the informant by putting
him on fire. It is further alleged that the specific allegation of
pouring kerosene and putting the deceased on fire is on the co-
accused persons.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.85144 of 2025(3) dt.19-01-2026
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petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that although
the petitioner is named in the F.I.R but it appears from the F.I.R
itself that the petitioner along with co-accused persons have
caught hold the deceased and co-accused, Ashok Paswan poured
kerosene oil on the deceased and co-accused, Vikas set him on
fire. Apart from the aforesaid, the occurrence took place on
31.05.2020 and Sections 302 and 326 of the IPC were added on
24.06.2024. Although the petitioner is named in the F.I.R but
there is no specific allegation against him rather the only
allegation against him is that he has caught hold the deceased.
He further submits that the police after investigation submitted
the charge sheet against the petitioner. The petitioner is in
custody since 22.07.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and the only allegation
against the petitioner is that he has caught hold the deceased, let
the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned CJM, East
Patna High Court CR. MISC. No.85144 of 2025(3) dt.19-01-2026
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Champaran at Motihari in connection with Harsidhi P.S. Case
No. 250 of 2020, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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