Patna High Court
DEEPAN PASWANversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to surrender within four weeks and compliance with bail bond conditions.
Summary
The petitioner, Deepan Paswan, was named in an FIR for alleged murder under Sections 103(1) and 3(5) of the Bhartiya Nyay Sanhita, 2023, arising from a local dispute. He contended that he had no direct involvement, stating that his only connection was a personal acquaintance with co‑accused Kanchan Kumar. The petitioner applied for anticipatory bail, arguing that the allegations of assault were general and that he had a clean antecedent. The State opposed the bail, asserting that the petitioner was implicated in the offence. After considering the submissions, the court held that the petitioner’s implication was only prima facie and granted anticipatory bail, directing him to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner given the prima facie nature of his implication in the murder case?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 103(1), 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- murder
- prima facie implication
- bail conditions
- Criminal Procedure Code
- Bhartiya Nyay Sanhita
- Bhartiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91454 of 2025
Arising Out of PS. Case No.-121 Year-2024 Thana- BARABAR TOURIST District-
Jehanabad
======================================================
DEEPAN PASWAN Son of Ramji Paswan R/o Village Sitachak, P.S.-
Dhanarua, District - Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Narayan, Advocate
Mr.Aryan Kumar, Advocate
Mr.Vandana Rani, Advocate
Ms.Rupa Sinha, Advocate
For the Opposite Party/s : Mr.Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Barabar Tourism
P.S. Case No. 121 of 2024 registered for the offences
punishable under Sections 103(1), 3(5) of the Bhartiya Nyay
Sanhita, 2023 (in short, the ‘B.N.S.’).
3. The allegation against the petitioner is to commit
murder of the husband of informant alongwith other co-
accused persons/family members due to local dispute and
differences.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.91454 of 2025(2) dt.12-02-2026
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petitioner submitted that the thrust of allegation qua assault
is available against the male members of family, i.e. Arun
Manjhi, Anil Manjhi, Amrender Manjhi and Lalan Manjhi and
Kanchan Kumar. It is pointed out that admittedly this
petitioner was not the family member of the aforesaid co-
accused persons and co-incidently out of acquaintance on the
date of occurrence in connection with some personal work he
was with co-accused Kanchan Kumar. It is submitted that
petitioner has no connection with the present occurrence and
as he was acquainted with co-accused Kanchan Kumar, he
was implicated with present case.
5. Arguing further, it is submitted that allegation qua
physical assault is appearing very much general and omnibus
against the co-accused persons including the petitioner.
Petitioner claimed clean antecedent.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
7. In view of the aforesaid factual submissions and by
taking note of the fact as prima facie implication of petitioner
appears with this case only for the reason that he is the family
Patna High Court CR. MISC. No.91454 of 2025(2) dt.12-02-2026
3/3
friend of one of the co-accused Kanchan Kumar with whom
the alleged occurrence took place, accordingly, above-named
petitioner, in the event of his arrest/surrender within a period
of four weeks from this order, is directed to be enlarged on
bail on furnishing of bail bond of Rs.10,000/- (ten thousand
only) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate, 1st Class,
Jehanabad/concerned court in connection with Barabar
Tourism P.S. Case No. 121 of 2024, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C/Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short
“B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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