Patna High Court
Dharmendra Paswan @ Dhamendra PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Dharmendra Paswan, was arrested on 25 November 2024 in connection with FIR No. 403 of 2024 alleging an offence under Section 80(2) of the Bihar Narcotic (BNS) Act, 2023. He sought bail, arguing that the FIR contains only vague, omnibus allegations without specific evidence of assault or dowry demand, and that the investigation was delayed and the charge sheet filed only on 17 September 2025. The trial court had framed charges on 17 September 2025 and, as of the report dated 17 February 2026, had not examined any prosecution witness, indicating a prolonged trial. The High Court considered the length of custody, the lack of progress in the trial, and the petitioner's claim of false implication, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents. The order emphasized that bail should not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner under Section 80(2) of the BNS Act, 2023 given the prolonged pre‑trial custody and lack of trial progress.
- Whether the general and non‑specific allegations in the FIR justify denial of bail.
- Whether the conditions imposed on bail are appropriate and lawful.
Subjects
- bail
- Section 80(2) BNS Act 2023
- pre‑trial detention
- delay in trial
- FIR
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91299 of 2025
Arising Out of PS. Case No.-403 Year-2024 Thana- RAMGARH District- Kaimur (Bhabua)
======================================================
Dharmendra Paswan @ Dhamendra Paswan Son of Vikrama Paswan Resident
of Village- Nuaon, P.S.- Nuaon, District- Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajani Kant Pandey, Advocate
For the Opposite Party/s : Mr.Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 16-03-2026 Heard Mr.Rajani Kant Pandey, learned counsel for
the petitioner and Mr.Ram Anurag Singh, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
25.11.2024 in connection with S.Tr.No.218 of 2025 arising out
of Ramgarh (Nuaon) P.S.Case No. 403 of 2024, F.I.R. dated
15.11.2024 registered for the offence punishable under Sections
80(2) of BNS,2023.
3. Earlier the prayer for bail of the petitioner was
rejected vide order dated 05.05.2025 passed in
Cr.Misc.No.25553 of 2023 by a Coordinate Bench of this
Hon’ble Court.
4. Learned counsel appearing for the petitioner
submits that from a bare perusal of the FIR it appears that there
Patna High Court CR. MISC. No.91299 of 2025(3) dt.16-03-2026
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is no specific allegation of any assault, overt-act or demand of
dowry attributed against the petitioner rather there is general
and omnibus allegation against all the accused persons including
the petitioner. It appears from the FIR itself that the informant
has participated in the last rituals of the deceased and the date of
occurrence as alleged in the FIR is 10.11.2024 but the present
FIR has been instituted on 15.11.2024 after delay of five days
afterthought to falsely implicate the petitioner and his family
members in the present case. Further submits that the police,
after investigation, submitted chargesheet against the petitioner
and the petitioner is in custody since 25.11.2024.
5. Vide order dated 13.01.2026, a report was called for
with regard to the present stage of the trial. The report of the
learned Trial Court dated 17.02.2026 reveals that the charge has
been framed against the petitioner on 17.09.2025 and out of six
chargesheet witnesses, prosecution has not examined any
witness as yet.
6. Learned counsel for the petitioner submits that in
view of the report of the learned Trial Court that there is no
chance of early conclusion of the trial in near future and the
petitioner is in custody since 25.11.2024.
7. Learned A.P.P. for the State has vehemently
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opposed the prayer for bail of the petitioner.
8. Considering the aforesaid facts, report of the
learned Trial Court as well as the period of custody, let the
petitioner, above named, 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 learned C.J.M., Katihar in
connection with Ramgarh (Nuaon) P.S. Case No. 403 of 2024,
with the 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 his/her absence on two consecutive dates without sufficient
reason, his/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
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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