Upendra Paswan Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2026)

Upendra Paswan Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, Upendra Paswan, who is apprehending arrest in connection with Garhwa PS Case No. 122 of 2026 (offence under section 103(1) and 338/3(5) of BNS, 2023), pending before the learned Chief Judicial Magistrate, Garhwa.

Court's answer

The involvement of the petitioner in the crime is, prima facie, established (drawing on the finding that the injury mark on the deceased's body does not suggest suicide and the support given to the occurrence by the witnesses at paragraph nos. 12-17 against the petitioner and Durgesh Yadav).

Ratio / Principle

Anticipatory bail is refused: the Court is not inclined to grant anticipatory bail, the prayer for bail of the petitioner is rejected, and consequently A.B.A. No. 3175 of 2026 is dismissed.

Detailed headnote1 paragraphs

High Court of Jharkhand, Ranchi (Sanjay Kumar Dwivedi, J.), 18.06.2026 — A.B.A. No. 3175 of 2026: Upendra Paswan v. The State of Jharkhand. The petitioner, apprehending arrest in Garhwa PS Case No. 122 of 2026 (section 103(1) and 338/3(5) of BNS, 2023) pending before the learned Chief Judicial Magistrate, Garhwa, sought anticipatory bail, his counsel submitting there was no eyewitness, that allegations of murdering the deceased were false, and that the deceased had committed suicide. State counsel opposed, submitting that soon after the occurrence the petitioner was absconding and had switched off his mobile phone, indicating prima facie involvement. The Court referred to the learned Sessions Judge's finding that the injury mark on the body of the deceased does not suggest a case of suicide, and that witnesses examined at paragraph nos. 12, 13, 14, 15, 16 and 17 supported the occurrence against the petitioner and Durgesh Yadav. Holding the petitioner's involvement prima facie established, the Court declined anticipatory bail, rejected the prayer for bail and dismissed the anticipatory bail application.

2026:JHHC:17728

IN THE HIGH COURT OF JHARKHAND, RANCHI

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A.B.A. No. 3175 of 2026

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Upendra Paswan, aged about 20 years son of Arjun Kumar Ram, resident of Village Chinia, PO and PS Chinia, District Garhwa, Jharkhand .... Petitioner

-- Versus -- The State of Jharkhand .... Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioner :- Mr. Brajesh Kumar Singh, Advocate For the State :- Mr. Rajneesh Vardhan, Advocate ----

2 /18.06.2026 Heard learned counsels for petitioner and for State.

The petitioner is apprehending his arrest in connection

with Garhwa PS Case No.122 of 2026, for offence registered under section 103(1) and 338/3(5) of BNS, 2023, pending in court of learned Chief Judicial Magistrate, Garhwa.

Learned counsel for petitioner submits that there is no eyewitness and false allegations are made against the petitioner of murdering the deceased and he next submits that the deceased has committed suicide, and on these grounds, he submits that anticipatory bail may kindly be granted.

Learned State counsel opposes prayer and submits that soon after the occurrence the petitioner was absconding and even the petitioner has switched-off his mobile phone and in view of that, prima facie, the petitioner was involved in the crime and on these grounds, anticipatory bail may kindly be rejected.

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2026:JHHC:17728

It has been found that that the learned Sessions Judge that the injury mark on the body of the deceased does not suggest a case of suicide and the witnesses examined at paragraph nos.12, 13, 14, 15, 16 and 17 have supported the occurrence against the petitioner and Durgesh Yadav. Thus, the involvement of the petitioner, prima facie, is there and in view of that, this Court is not inclined to grant anticipatory bail to the petitioner and as such, prayer for bail of the petitioner is hereby rejected and consequently, this anticipatory bail application being ABA No.3175 of 2026 is hereby dismissed.

( Sanjay Kumar Dwivedi, J.)

18.06.2026 SI/

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