Patna High Court
Vikash PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioner is entitled to bail, subject to the conditions imposed under Section 438(2) CrPC and Section 482(2) BNSS, 2023.
Summary
Vikash Paswan was arrested in connection with a murder case (Sursand P.S. Case No. 31 of 2025) where the prosecution alleged that he and co‑accused killed an informant’s daughter over a dowry demand of Rs.2 lakh and a motorcycle. The petitioner contended that he has a clean antecedent and was falsely implicated because the specific dowry demand was directed at his brother Akash Paswan and father Umesh Paswan, who are co‑accused. The learned Additional Public Prosecutor opposed bail, but the court noted the petitioner’s clean record and that the dowry allegation pertained to others. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023, including cooperation with the trial and no tampering with evidence. The bail order also directed the lower court to verify the petitioner’s antecedent and to cancel bail if any concealment is discovered.
Issues considered
- Whether the petitioner is entitled to bail under Section 438(2) of the Code of Criminal Procedure in view of the allegations of murder and dowry demand.
- Whether the specific allegation of dowry demand against co‑accused affects the petitioner’s eligibility for bail.
Legislation cited
- B.N.S. — s. 3(5), 80(2)
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- dowry death
- false implication
- criminal antecedent
- Section 438 CrPC
- Section 482 CrPC
- B.N.S.
- murder
- dowry demand
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89552 of 2025
Arising Out of PS. Case No.-31 Year-2025 Thana- SURSAND District- Sitamarhi
======================================================
Vikash Paswan Son of Umesh Paswan Resident of Village- Banauli, P.S.-
Sursand, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Madhubala Verma, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mrs. Madhubala Verma, learned counsel for
the petitioner and Mr. Syed Ehteshamuddin, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Sursand P.S. Case No. 31 of 2025, F.I.R. dated
24.01.2025 for the offences punishable under Section 80(2),
3(5) of the B.N.S.
3. According to prosecution case, petitioner and other
accused persons are alleged to have killed the informant’s
daughter due to non-fulfillment of demand of Rs. Two Lakh
cash and a motorcycle as dowry.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. MISC. No.89552 of 2025(2) dt.12-01-2026
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petitioner has not committed any offence as alleged in the F.I.R.
Petitioner has been made accused in this case due to being
brother of the Akash Paswan and devar of the deceased. The
specific allegation of demand of dowry is against co-accused,
namely, Akash Paswan and Umesh Paswan who happens to be
brother and father of the petitioner and the specific allegation of
demand of dowry is attributed against Akash Paswan who
happens to be the husband of the deceased and he is in judicial
custody.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and also specific allegation of
demand of dowry is attributed against co-accused Akash
Paswan, let the petitioner, above named, in the event of his
arrest or surrender before the court below within a period of
thirty days from the date of receipt of the order, 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 S.D.J.M., Pupri, Sitamarhi in connection with
Sursand P.S. Case No. 31 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Patna High Court CR. MISC. No.89552 of 2025(2) dt.12-01-2026
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Procedure/Section 482(2) of BNSS, 2023 and with other
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 her absence on two consecutive dates without sufficient
reason, her 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)
Ranjeet/-
U T
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