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Patna High Court

Prince Paswan @ Prince KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail to the petitioner at this stage of the proceedings.

Summary

The petitioner, Prince Paswan, sought regular bail in a case registered as Birpur P.S. Case No. 131 of 2025, alleging he was falsely implicated in the death of his wife, Jyosan Kumari, who allegedly died of a sudden cardiopulmonary arrest. The prosecution contended that the deceased was throttled, citing post‑mortem findings of a deep neck bruise and facial swelling, and charged the petitioner under Sections 80 and 3(5) of the B.N.S. The petitioner argued innocence, no criminal antecedent, and presented a death certificate indicating natural causes. The State opposed bail, emphasizing the seriousness of the alleged homicide and the medical evidence of asphyxiation. After hearing both sides, the court declined to grant bail, directing that the petitioner may re‑apply after six months if the trial remains pending, and ordered the trial court to expedite proceedings.

Issues considered

  • Whether bail should be granted to the petitioner in a case of alleged homicide under Sections 80 and 3(5) of the B.N.S.
  • Whether the post‑mortem evidence of throttling justifies denial of bail
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses

Legislation cited

Subjects

  • bail
  • murder
  • dowry death
  • throttling
  • post‑mortem evidence
  • high court
  • Bihar
  • Sections 80
  • Section 3(5)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89589 of 2025
                      Arising Out of PS. Case No.-131 Year-2025 Thana- BEERPUR District- Begusarai
                 ======================================================
                 Prince Paswan @ Prince Kumar, S/o Shri Uma Shankar Paswan @ Uma
                 Shankar Paswan, R/o vill - Bhawanandpur, P.s.- Birpur, P.O.- Panapur, Distt.-
                 Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :        Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   26-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Birpur P.S. Case No. 131 of 2025 registered for the offence

                   punishable under Sections 80 and 3(5) of B.N.S.

                                3. The case of the prosecution is that Jyosan Kumari

                   (deceased) was married to the petitioner. The informant has talked

                   her on 28.06.2025 and he was informed that the deceased is at

                   Siddhi Vinayak Care Hospital, Begusarai. Later on, she died on

                   same day. It is alleged that the petitioner along with others have

                   killed her and it is also alleged that she was being subjected to

                   cruelty on account of non-fulfillment of dowry demand.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is innocent and has committed no offence. He has
Patna High Court CR. MISC. No.89589 of 2025(4) dt.26-03-2026
                                            2/3




          been falsely implicated in the present case. The nature of

          allegation is general and omnibus and that she was rushed to the

          hospital where she was treated and she died. It has further been

          submitted that the deceased died due to Sudden Cardio pulmonary

          arrest as is apparent from the death certificate issued by Siddhi

          Vinayak Critical Care & Hospital Pvt. Ltd. Petitioner is having no

          criminal antecedent and he is languishing in judicial custody since

          04.08.2025.

                       5. Learned APP appearing for the state has vehemently

          opposed the prayer of regular bail and has submitted that from

          perusal of the postmortem report it will transpire that the doctor

          conducting autopsy of the deceased has found following injuries

          on the person of the deceased:-

                       (i) A deep mark of bruises bluish colour (approx 6cm x

          1cm) at midline of neck about cricoid cartilage.

                       (ii) Swelling present over face right side.

          The doctor has opined that the cause of death was due to asphyxia

          as a result of throttling. It has further been submitted that learned

          counsel for the petitioner has submitted that the deceased was

          rushed to the hospital which is apparent from Annexure-P/2 but

          from perusal of Annexure-P/2 it is clear that she was given oxygen

          with high flow and regarding injury of the neck, learned counsel

          for the petitioner could not give satisfactory answer.
             Patna High Court CR. MISC. No.89589 of 2025(4) dt.26-03-2026
                                                         3/3




                                    6. Having heard the learned counsel for the parties and

                       considering the nature of allegation, this court is not inclined to

                       enlarge the petitioner on bail at this stage and, as such, his prayer

                       for bail stands rejected.

                                    7. However, the petitioner may renew his prayer for

                       bail after six months if the trial is not concluded.

                                    8. Learned trial Court is directed to expedite the trial


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T


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