Jitendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61193 of 2025 Arising Out of PS. Case No.-119 Year-2025 Thana- DOBHI District- Gaya ====================================================== Jitendra Paswan, aged about 38 years, Male, Son of Rambilash Paswan @ Bilash Paswan, Resident of Village - Angra, P.S.- Dobhi, District - Gaya, State - Bihar, Pin - 824201.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajni Kant Jha, Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Dobhi P.S. Case No. 119 of 2025 instituted for the offences punishable under Section 105 of the BNS.
3. As per allegation in the FIR, petitioner had an illicit relationship with the informant's wife in the absence of the informant. Further informant got telephonic information that the petitioner administered poison to his wife and children, due to which they died during the course of their treatment.
4. Learned counsel for the petitioner submits that petitioner is innocent has committed no offence and has falsely been implicated in this case. He further submits that there is no eye witness of the incident. He next submits that there is no
Patna High Court CR. MISC. No.61193 of 2025(3) dt.15-11-2025 2/3 independent witness of the occurrence and all are hearsay witness. He lastly submits that petitioner and informant are cousin brother. Petitioner has got clean antecedent as stated in para 3 of the petition.
5. Learned APP for the State opposes the prayer for bail and submits that the allegation levelled against the petitioner are serious in nature and from the inquest report of the deceased, it transpires that foam was oozing out from the mouth of all the three deceased. He further submits that there are specific allegation levelled against the petitioner and if the petitioner granting anticipatory bail, it would affect the on-going investigation.
6. From perusal of the FIR and the impugned order of the learned Additional Sessions Judge-IV, Sherghati Gaya dated 24.07.2025, it appears that on the basis of fardbeyan of the informant Jitendra Paswan, FIR has been registered under Section 105 of the BNS against the present petitioner and the allegation against the petitioner is that he developed an illicit relationship with the informant's wife in the absence of informant, when the informant was outside for his work. The informant got telephonic information that petitioner Jitendra Paswan administered poison to his wife Muni Devi, Son Sanket
Patna High Court CR. MISC. No.61193 of 2025(3) dt.15-11-2025 3/3 Kumar and daughter Pallavi Kumari and they are in serious conditions, after which they were taken to the hospital at Dobhi for better treatment later referred to Magadh Medical Hospital, Gaya. When informant reached to the Hospital at Gaya, then he was informed that his son, daughter and wife had already died during the course of treatment. Informant has claimed that his cousin brother Jitendra Paswan administered poison to informant's son, daughter and wife to hide his illicit relationship with Muni Devi (Wife of the informant).
7. Considering all these aspects of the case and the material available on record, it appears that the investigation is on initial stage and for disclosing the clear picture, interrogation of the petitioner under police custody is to be required, so in this condition, I am not inclined to grant anticipatory bail to the petitioner.
8. Accordingly, the application stands dismissed. (Ramesh Chand Malviya, J) Anand Kr.
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