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Patna High Court

DEEPAN PASWANversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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