Patna High Court

Suryadev PaswanversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.

Summary

The petitioner, Suryadev Paswan, sought anticipatory bail fearing arrest in a dowry‑death case (Alipur P.S. Case No. 53 of 2025) under Sections 80(2), 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner, along with others, tortured and killed the deceased for non‑payment of dowry. The petitioner contended he was falsely implicated, highlighted a two‑day delay in filing the FIR, asserted no specific allegation against him, and pointed to his clean criminal record, while noting that co‑accused had already been granted bail. The State opposed the bail application. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioner surrender within six weeks and furnish a bail bond of Rs.15,000 with two sureties, subject to Section 482(2) of the BNSS, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 in view of the allegations of dowry death.
Whether the delay in lodging the FIR and the lack of specific allegations against the petitioner justify bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 482(2), 80(2), 85

Subjects

anticipatory bail
dowry death
Bharatiya Nyaya Sanhita
Section 482
criminal procedure
FIR delay
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89939 of 2025
                         Arising Out of PS. Case No.-53 Year-2025 Thana- ALIPUR District- Gaya
                 ======================================================
                 Suryadev Paswan Son of Late Devnandan Paswan Resident of Village - Agar,
                 P.S.- Alipur, District - Gayaji



                                                                                   ... ... Petitioner/s
                                                       Versus



           1.    The State of Bihar
           2.    Rakesh Paswan Son of Ramraj Paswan Resident of Village - Khutvar, P.S.-
                 Alipur, District - Gaya



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Yogesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Sharma, aPP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   16-01-2026             Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                           2.      The petitioner apprehends his arrest in connection

                   with Alipur P.S. Case No. 53 of 2025 registered for the offences

                   punishable under Sections 80(2), 85 & 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023.

                           3.      Prosecution case, in short, is that the accused

                   persons, including the petitioner tortured and killed the deceased

                   for the non-fulfillment of demand of dowry.
Patna High Court CR. MISC. No.89939 of 2025(2) dt.16-01-2026
                                            2/3




                  4.      Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence as alleged

          against him and has falsely been implicated in the present case.

          Petitioner is father-in-law of the deceased. Learned counsel for

          the petitioner further submits that there is delay of two days in

          lodging the FIR. Learned counsel next submits that there is no

          specific allegation against the petitioner, rather the same is

          general and omnibus in nature. It is next submitted that

          petitioner is separate in mess and business from the husband of

          the deceased. Husband of the deceased in already in custody.

          Petitioner bears no criminal antecedent. Other co-accused have

          been granted bail by this Court vide order dated 01-08-2025,

          passed in Cr. Misc. No. 52210 of 2025.

                  5.      On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of bail to the petitioner.

                  6.      Considering the rival submissions made by the

          learned counsel for the parties, let the petitioner above-named,

          in the event of his arrest or surrender before the learned Court

          below within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs.15,000/-

          (Rupees Fifteen Thousand) with two sureties of the like amount

          each to the satisfaction of the learned court below where the
           Patna High Court CR. MISC. No.89939 of 2025(2) dt.16-01-2026
                                                       3/3




                     case is pending/successor court in connection with Alipur P.S.

                     Case No. 53 of 2025, subject to the conditions as laid down

                     under Section 482(2) of the BNSS, 2023.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T

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