Allowed¶20

Suraj Paswan @ Suraj Kumar Paswan v. The State of Bihar

Patna HC1 Jul 2025CR. MISC./1016/2025

Case brief

AI extract

What is this about?

Bail granted; Patna High Court; Cr. Misc. No. 1016 of 2025 (decided 01-07-2025); Sections 304(B), 201, 34 IPC; dowry death/murder by hanging allegation; Tikapatti P.S. Case No. 11 of 2023; S.T. No. 438 of 2023; Purnia; custody since 03.02.2023; charges framed 07.10.2023; trial not commenced; prosecution failed to produce witnesses despite SP direction; bail bond Rs. 10,000 with two like sureties; conditions incl. attendance at trial and antecedent verification.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below in connection with S.T. No. 438 of 2023, subject to conditions (presence at trial, bailor requirements, antecedent verification). ¶20

Suraj Paswan @ Suraj Kumar Paswan Vs The State of… — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, accused of offences punishable under Sections 304(B), 201 and 34 IPC in a case arising out of Tikapatti P.S. Case No. 11 of 2023, should be released on bail.

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Court's answer

Considering the submissions, the petitioner's custody since 03.02.2023 and the trial court's report that the trial has not yet started, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court below in connection with S.T. No. 438 of 2023.

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Ratio / Principle

One bailor of the petitioner shall be his close relative and the other a local resident.

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Key takeaways

The petitioner shall remain physically present in Court on each date of the trial; in case of absence on two consecutive dates or violation of the terms of bail, his bail bond will be liable to be cancelled by the court concerned.ratio¶23
The court below shall verify the petitioner's criminal antecedents and, if concealment of antecedents is found at any stage, take steps for cancellation of the bail bond.ratio¶24

Detailed headnote1 paragraphs

Patna High Court (Sourendra Pandey, J.) allowed bail to Suraj Paswan @ Suraj Kumar Paswan, arraigned for offences punishable under Sections 304(B), 201 and 34 IPC in S.T. No. 438 of 2023 arising out of Tikapatti P.S. Case No. 11 of 2023, District Purnia (alleged murder by hanging of his wife). The Court noted that the petitioner was in custody since 03.02.2023, charges were framed on 07.10.2023, summons issued on 11.10.2023, and despite a direction to the Superintendent of Police, Purnia to produce witnesses, none had been produced and the trial had not yet started per the trial court's report. Bail was granted on a bond of Rs. 10,000/- with two sureties of the like amount each, subject to conditions: one bailor a close relative and the other a local resident; physical presence in Court on each trial date; liability of the bail bond to cancellation on absence on two consecutive dates or breach of terms; verification of criminal antecedents by the court below with cancellation steps upon concealment; and no delay in acceptance of bail bonds in the name of verification.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1016 of 2025

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Arising Out of PS. Case No.-11 Year-2023 Thana- TIKAPATTI District- Purnia

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======================================================

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Suraj Paswan @ Suraj Kumar Paswan Son of Lalu Paswan Resident of Village -Nayanand Gola PS Tikapatti, Dist- Purnia

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhola Prasad, Advocate For the Opposite Party/s : Ms. Pushpa Sinha, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

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5 01-07-2025

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Heard the learned counsel appearing on behalf of the petitioner and the learned A.P.P. for the State.

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2. The petitioner seeks bail in a case registered for the offences punishable under Sections 304(B), 201 and 34 of the I.P.C.

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3. As per the prosecution case, the marriage of the sister of the informant was solemnized with the petitioner namely, Suraj Paswan in the year 2021. It is further alleged that on 29.01.2023 the informant came to know that his sister had been murdered by hanging and petitioner and his family members were involved in such incident.

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4. The learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely because he happens to be the husband of the deceased Priti

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Patna High Court CR. MISC. No.1016 of 2025(5) dt.01-07-2025 2/4

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Devi. It has further been submitted that the allegations of demand of dowry has not been proved from any cogent material during the course of investigation and from the perusal of the post-mortem report, it would suffice that the cause of death was found to be asphyxia and shock due to pressure and compression of neck by ligature (hanging). The learned counsel submits that from perusal of the same, it would be evident that the wife of the petitioner had committed suicide and the allegations levelled are false. It has lastly been submitted that the petitioner has no criminal antecedent and he is in custody since 03.02.2023.

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5. The learned A.P.P. has vehemently opposed the prayer for bail.

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6. This Court had earlier called for the stage of trial and it has been informed that the charges were framed on 07.10.2023 against the petitioner and summons were issued to the witnesses for evidence on 11.10.2023 and subsequently, the Superintendent of Police, Purnia was also issued direction to produce the witnesses, however, till date no witnesses have been produced by the prosecution.

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7. Considering the aforesaid submissions and taking into account that the petitioner is in custody since 03.02.2023

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Patna High Court CR. MISC. No.1016 of 2025(5) dt.01-07-2025 3/4

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and from the report sent by the learned trial court, it is evident that that the trial has not yet started, in view of the same, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with S.T. No. 438 of 2023 arising out of Tikapatti P.S. Case No. 11 of 2023, subject to the following conditions:-

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(i) One of the bailors of the petitioner shall be his close relative and the other shall be local resident.

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(ii) The petitioner shall remain physically present in Court on each date of the trial.

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(iii) In case of absence on two 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.

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(iv) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be

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Patna High Court CR. MISC. No.1016 of 2025(5) dt.01-07-2025 4/4

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delayed for purpose of or in the name of verification.

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(Sourendra Pandey, J)

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Raj Ranjan/- U T

Suraj Paswan @ Suraj Kumar Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Suraj Paswan @ Suraj Kumar Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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