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Patna High Court

Gopi Chand Paswan @ Gopi Chand RamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that regular bail must be granted to the petitioner as there is no material ground to justify its denial.

Summary

The petitioner, Gopi Chand Paswan, sought regular bail in a criminal case (Cr. Misc. No.87233 of 2025) registered under sections 80 and 3(5) of the Bihar Narcotic Substances Act (B.N.S.) relating to the alleged dowry‑related death of his daughter‑in‑law, Pushpa Devi. The prosecution alleged that the deceased was killed by her in‑laws for non‑fulfilment of dowry demands, while the trial court had recorded the cause of death as asphyxia due to hanging and had filed a charge‑sheet under Section 108 of B.N.S. The petitioner’s counsel argued that he is innocent, has no criminal antecedent, and has been in judicial custody since 23‑07‑2025, noting that the husband had already been granted bail in a related matter. The State opposed the bail application. After considering the facts, the court found no substantive reason to deny bail and ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Additional Chief Judicial Magistrate, Ara, Bhojpur.

Issues considered

  • Whether regular bail should be granted to the petitioner under sections 80 and 3(5) of the B.N.S. in view of the charge‑sheet under Section 108.
  • Whether the petitioner’s lack of criminal antecedents and the circumstances of the case justify bail.

Legislation cited

Subjects

  • regular bail
  • dowry death
  • criminal procedure
  • Bihar Narcotic Substances Act
  • charge sheet
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87233 of 2025
                       Arising Out of PS. Case No.-204 Year-2024 Thana- CHANDI District- Bhojpur
                 ======================================================
                 Gopi Chand Paswan @ Gopi Chand Ram Son of Late Shiv ji Ram R/o Village
                 - Narhi, P.S - Chandi, Dist. - Bhojpur.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Roshan Kumar, Advocate
                 For the Opposite Party/s :       Mr. Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 80 and 3(5)

                   of B.N.S.

                                3. The case of the prosecution is that Pushpa Devi

                   (deceased) was married to one Sonu Paswan in the year 2021. It

                   is alleged that she was subjected to cruelty on account of non-

                   fulfillment of dowry demand and subsequently, she was being

                   killed by her in-laws.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that the petitioner is

                   father-in-law of the deceased and from perusal of the order of
            Patna High Court CR. MISC. No.87233 of 2025(2) dt.05-01-2026
                                                        2/2




                      the learned trial court, it will transpire that the cause of death of

                      the deceased is asphyxia due to hanging. Learned counsel for

                      the petitioner has further submitted that in this case, police has

                      submitted charge sheet under Section 108 of B.N.S. It has also

                      been submitted that the husband of the deceased has already

                      been granted bail by learned co-ordinate Bench of this Court

                      vide order dated 24.09.2025 passed in Cr. Misc. No. 67031 of

                      2025. A statement has been made in para-3 of this petition that

                      the petitioner has got no criminal antecedent. Moreover, he is

                      languishing in judicial custody since 23.07.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Chandi P.S. Case No. 204 of 2024 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned A.C.J.M, Ara, Bhojpur.



                                            (Ashok Kumar Pandey, J)
Shubham/-
U     T


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