Patna High Court

Pawan PaswanversusThe State of Bihar

Decided: 18 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted bail to the petitioner.

Summary

Petitioner Pawan Paswan was arrested in connection with an FIR alleging that he, along with co‑accused, assaulted the mother‑in‑law of informant Sheela Devi, leading to her death. The petitioner contended that he only slapped the victim and was not involved in the more serious assault with an iron rod, which was attributed to another co‑accused. He highlighted his clean criminal record, the fact that a co‑accused with similar allegations had already been granted bail, and his prolonged pre‑trial custody since 22‑12‑2025. The State opposed the bail application. The Court, noting the general and omnibus nature of the accusations, the parity with the co‑accused’s bail, the petitioner’s clean antecedents, and the length of custody, decided to grant regular bail. Accordingly, the petitioner was released on a bail bond of Rs 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the allegations

Legislation cited

B.N.S. — s. 103, 115(2), 118(1), 126(2), 3(5), 352, 76

Subjects

bail
criminal procedure
assault
parity
clean antecedents
omnibus accusation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.9556 of 2026
                         Arising Out of PS. Case No.-78 Year-2025 Thana- Fekla District- Darbhanga
                 ======================================================
                 Pawan Paswan S/o Kailash Paswan Resident of Village- Chhaparghat
                 Uttarwari Tol, P.S.- Fekla, Dist- Darbhanga

                                                                                      ... ... Petitioner/s
                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner        :        Mr. Ashok Kumar Jha, Advocate
                                                    Mr. Saurav Anand, Advocate
                 For the State             :        Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   18-02-2026                    Heard Mr. Ashok Kumar Jha, learned counsel for the

                   petitioner and Mr. Umeshanand Pandit, learned A.P.P. for the

                   State.

                                  2. Petitioner seeks regular bail in connection with

                   Fekla P.S. Case No. 78 of 2025 which was registered for the

                   offence punishable under Sections 126(2), 115(2), 118(1), 103,

                   76, 352 and 3(5) of the B.N.S..

                                  3. As per prosecution story, informant, namely Sheela

                   Devi, alleged that on 09.08.2025, all the F.I.R. named accused

                   persons, including this petitioner, came and co-accused Vijay

                   Paswan and this petitioner started threatening mother-in-law of

                   informant and other accused persons pulled her saree and made

                   her naked and thereafter, assaulted her by iron rod. When
Patna High Court CR. MISC. No.9556 of 2026(2) dt.18-02-2026
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          informant went to rescue her, then she was also assaulted and

          misbehaved and in the alleged occurrence, mother-in-law of

          informant died.

                       4. Learned counsel appearing for the petitioner

          submits that petitioner is quite innocent and has committed no

          offence. From bare perusal of the F.I.R. it is apparent that

          petitioner is only alleged to have abused and dragged mother-in-

          law of informant and assaulted her with fist and slap. Specific

          accusation of assaulting the deceased with iron rod is against co-

          accused Dinesh Paswan. It is further submitted that co-accused

          Vijay Paswan, having similar and identical allegations, has

          already been granted bail by this Hon’ble Court vide order dated

          04.12.2025 passed in Cr. Misc. No. 84707 of 2025. Petitioner

          has got no criminal antecedents and he is in custody since

          22.12.2025.

                       5. Learned A.P.P. for the State the prayer for bail to

          the petitioner.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, claim based on

          parity, clean antecedents of the petitioner and period of custody,

          the prayer for grant of bail to the petitioner is allowed.

                       7. Accordingly, let the petitioner, mentioned above, be
             Patna High Court CR. MISC. No.9556 of 2026(2) dt.18-02-2026
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                       enlarged 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 A.C.J.M.-I, Darbhanga in connection

                       with Fekla P.S. Case No. 78 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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