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Patna High Court

Sujit Paswan @ Sanjiv KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the alleged offences of murder, attempt to murder, and grievous hurt are of such seriousness that bail cannot be granted.

Summary

The petitioner, Sujit Paswan, sought anticipatory bail in a case where he was alleged to have participated in an arson that resulted in the death of an informant and injuries to the informant's wife. The FIR originally charged him under Sections 341, 325, 307 and 34 of the Indian Penal Code, later amended to include Sections 302 and 326. The court examined whether the seriousness of the alleged offences justified denying anticipatory bail. It held that the allegations of murder, attempt to murder, and grievous hurt, coupled with the violent nature of the act, precluded the grant of anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged murder, attempt to murder, and arson under the IPC
  • Whether the seriousness of the offences under Sections 302, 326, 307, 325, 341, and 34 warrants denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • murder
  • attempt to murder
  • grievous hurt
  • arson
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86508 of 2025
                  Arising Out of PS. Case No.-250 Year-2020 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Sujit Paswan @ Sanjiv Kumar son of Harendra Paswan Resident of village -
                 Ghogharaha Bairiya, 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. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   22-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 341, 325, 307 and 34

                   of the Indian Penal Code. Later on, Sections 302 and 326 of the

                   Indian Penal Code were also added.

                                3. In the nature of allegations, as alleged in the FIR,

                   the Court is not inclined to extend the privilege of anticipatory

                   bail to the petitioner as it has been alleged that accused persons

                   including the petitioner came to the house of the informant,

                   grabbed him and poured with kerosene oil and set him ablaze on

                   account of which he died and when wife of the informant tried

                   to save him, she also sustained burn injuries.

                                4. Accordingly, the prayer for grant of anticipatory
               Patna High Court CR. MISC. No.86508 of 2025(3) dt.22-01-2026
                                                           2/2




                         bail to the petitioner is hereby rejected in connection with

                         Harsidhi P.S. Case No.250 of 2020, pending in the court of

                         learned Chief Judicial Magistrate, East Champaran at Motihari.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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