Dismissed¶21

Santosh Paswan v. The State of Bihar

Patna HC18 Jul 2025CR. MISC./9783/2025

Case brief

AI extract

What is this about?

Bail refused; Patna High Court; Cr. Misc. No. 9783 of 2025; Santosh Paswan v. State of Bihar; 18-07-2025; Rudra Prakash Mishra, J; Chhakarbandha P.S. Case No. 09 of 2024; District Gaya; Sections 103(1), 238, 61(2) Bharatiya Nyaya Sanhita, 2023; murder by hanging; body burnt with kerosene and thrown into dam; charge-sheet submitted; custody since 19.08.2024; no criminal antecedent; omnibus allegations; postmortem asphyxia drowning (defence: antemortem drowning); co-accused bail rejected 30.06.2025 in Cr. Misc. No. 1474 of 2025; prayer rejected; trial Court directed to expedite trial.

What did the court decide?

Bail prayer rejected; trial Court directed to expedite the trial. ¶21

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9783 of 2025

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Arising Out of PS. Case No.-9 Year-2024 Thana- CHAKARANDHA P.S. District- Gaya

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Santosh Paswan Son of Sita Ram Paswan Resident Of Village- Barha, PSChhakarbandha, District- Gaya

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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. Md. Javed Jafar Khan, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP For the Informant : Mr. Sudhir Kumar Singh, Advocate Dr. Nalin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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5 18-07-2025

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Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

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The petitioner seeks bail in connection with Chhakarbandha P.S. Case No. 09 of 2024, instituted for the offences punishable under Sections 103(1), 238 and 61(2) of the Bharatiya Nyaya Sanhita, 2023.

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The prosecution case, in short, is that, the petitioner along with other co-accused persons have committed murder of the informant’s brother by hanging, whereafter, his body and face were burnt with kerosene and thrown into dam.

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Learned counsel for the petitioner submits that the

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Patna High Court CR. MISC. No.9783 of 2025(5) dt.18-07-2025 2/3

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petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that informant is not the eye witness to the alleged occurrence. There is no specific allegation attributed to the petitioner rather the same is general and omnibus in nature. He further submits the postmortem report of the deceased does not corroborate with the allegation made in the F.I.R. as the same shows that the body was highly decomposed and the probable cause of death was asphyxia due to antemortem drowning. The petitioner is in custody since 19.08.2024 and has got no criminal antecedent.

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Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner, stating that the allegation alleged is serious in nature. Learned APP for the State further submits that the witnesses have also supported the prosecution case. As per postmortem report, cause of death is asphyxia and shock as a result of drowning. The petitioner is named in the FIR and, hence, he does not deserve the privilege of bail. It is next submitted that the prayer for regular bail of co-accused has already been rejected by this Court vide order dated 30.06.2025 passed in Cr. Misc. No. 1474 of 2025.

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Patna High Court CR. MISC. No.9783 of 2025(5) dt.18-07-2025 3/3

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