Pankaj Paswan Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Pankaj Paswan Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj/concerned Court below in connection with Thakurganj P.S. Case No. 02 of 2025, subject to verification of the Section 108 B.N.S. charge-sheet at the time of accepting bail bonds.

Issue for consideration

Whether the petitioner is entitled to regular bail in connection with Thakurganj P.S. Case No. 02 of 2025, registered under Sections 103(1), 80, 61(2) of B.N.S., where the charge-sheet has been submitted under Section 108 B.N.S. on the police finding that the deceased committed suicide.

Court's answer

In view of the charge-sheet having been submitted under Section 108 and other Sections of B.N.S. (police finding that the deceased committed suicide), the application for regular bail is allowed.

Ratio / Principle

Petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj/concerned Court below, in connection with Thakurganj P.S. Case No. 02 of 2025.

Key takeaways

At the time of accepting the bail bonds, the Magistrate shall verify whether the charge-sheet has been submitted under Section 108 of the B.N.S.ratio¶¶21

Detailed headnote1 paragraphs

Bail — Regular bail — Patna High Court (Sandeep Kumar, J.) allowed regular bail to the petitioner in Thakurganj P.S. Case No. 02 of 2025 (Kishanganj). Though the FIR was registered under Sections 103(1), 80, 61(2) of B.N.S., the charge-sheet was submitted under Section 108 and other Sections of B.N.S., the police having found that the deceased committed suicide; on that basis bail was allowed on bonds of Rs. 10,000/- with two like sureties to the satisfaction of the Chief Judicial Magistrate, Kishanganj, with a direction that the Magistrate verify the Section 108 B.N.S. charge-sheet when accepting the bail bonds.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36620 of 2025

Arising Out of PS. Case No.-2 Year-2025 Thana- THAKURGANJ District- Kishanganj

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

Pankaj Paswan S/o Naresh Paswan R/o vill - Farabari, ward no. 2, P.S.Thakurganj, Distt- Kishanganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate : Mr. Dilip Kumar Singh, Advocate : Ms. Diksha Kumari, Advocate For the Opposite Party/s : Mr. Fahimuddin, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 18-06-2025

Heard the learned senior counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Thakurganj P.S. Case No. 02 of 2025 registered for the offence under Sections 103(1), 80, 61(2) of B.N.S.

As per the prosecution case, the petitioner along with other co-accused persons are said to have killed the daughter of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. The petitioner is in custody since 05.01.2025.

Learned A.P.P. appearing for the State has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.36620 of 2025(2) dt.18-06-2025 2/2

Though the FIR was registered under Section 103(1), 80, 61(2) of B.N.S., but the charge-sheet has been submitted under Section 108 and other Sections of B.N.S. i.e. the police found that the deceased has committed suicide.

7 . Considering the aforesaid fact, this application for regular bail is allowed.

8 . Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj/concerned Court below in connection with Thakurganj P.S. Case No. 02 of 2025.

At the time of accepting bail bonds of the petitioner, the Magistrate will verify the fact as to whether the charge-sheet has been submitted under Section 108 of the B.N.S. or not.

This application for regular bail stands allowed.

(Sandeep Kumar, J)

anand/-