Patna High Court
Rahul PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
Petitioner Rahul Paswan applied for bail in a case (Asthawan P.S. Case No. 262 of 2025) involving offences under Sections 126(2), 115(1), 118(1), 109 and 3(5) of the BNS. The prosecution alleged that Paswan and co‑accused assaulted the informant’s son, who later died, with the death attributed to the injuries. The defence argued that the death was due to septicemia, that the victim was already ill, and that the injuries described could not have caused death; they also highlighted the delay in filing the FIR and the petitioner’s prior bail in other matters. The State contended that the assault caused fatal injuries. After considering the post‑mortem report, charge sheet, and the period of custody, the court ordered the release of the petitioner on bail with a bond of Rs.10,000 and specific conditions under Section 480(3) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
- Whether the death of the informant’s son can be causally linked to the alleged assault by the petitioner.
- Whether the delay in filing the FIR and the medical evidence affect the bail decision.
- Whether the petitioner is likely to flee or tamper with evidence.
Legislation cited
Subjects
- bail
- criminal procedure
- assault
- homicide
- post‑mortem report
- Section 480(3) BNSS
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91783 of 2025
Arising Out of PS. Case No.-262 Year-2025 Thana- ASHTHAWAN District- Nalanda
======================================================
Rahul Paswan S/O Shofindra Paswan @ Shafendra Paswan R/O Village-
Ugawan, P.S- Asthawan, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh, Adv.
For the Opposite Party/s : Mr.Braj Kishore Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Asthawan P.S. Case No. 262 of 2025, registered
for the offences under Sections 126(2), 115(1), 118(1), 109, 3(5)
of the BNS.
3. As per the prosecution case, the son of the
informant was assaulted by the petitioner and coaccused Nitish
Kumar and they left him at the doors of the informant in very
bad condition. The son of the informant was taken for treatment
to higher centre but he succumbed to his injuries.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and he has been
falsely implicated in this case. The occurrence is stated to have
taken place on 14.07.2025 but the FIR has been lodged on
30.07.2025 and the son of the informant died on 28.08.2025.
The cause of death in the post mortem report is septicemia and
Patna High Court CR. MISC. No.91783 of 2025(3) dt.25-02-2026
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toxemia. Some infected bed sore of size 12cmx10cm wound
was found on lower back. During investigation it has also come
on record that the son of the informant had not been keeping
good health for quite long time. Due to enmity, the petitioner
and coaccused have been falsely implicated in this case. The
allegation made in the FIR is not believable that the petitioner
and coaccused tried to snatch Rs.10,000/- from the son of the
informant. If the son of the informant was assaulted by the
petitioner and coaccused, no corresponding injuries have been
found though some healed abrasions were found over the pubic
region and scrotum and left thigh apart from left ankle. It goes
on to show that these injuries could not have resulted in death of
the son of the informant. Petitioner has got antecedent of two
cases and he is on bail in both the cases. The petitioner is in
custody since 04.08.2025 and charge sheet has been submitted.
5. Learned APP appearing for the State opposes the
submission on behalf of the petitioner and submits that due to
assault by the petitioner and coaccused, the son of the informant
suffered injuries which proved fatal and he succumbed to his
injuries during treatment.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
Patna High Court CR. MISC. No.91783 of 2025(3) dt.25-02-2026
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post mortem report and the nature of allegations against the
petitioner and also considering submission of charge sheet and
period of custody, the petitioner is directed to be released on
bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) each with two sureties of the like amount each
to the satisfaction of learned JMFC, Nalanda at Bihar
Sharif/concerned court, in connection with Asthawan P.S. Case
No. 262 of 2025, subject to the condition laid down under
Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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