Dharmendra Paswan @ Dhamendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91299 of 2025 Arising Out of PS. Case No.-403 Year-2024 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Dharmendra Paswan @ Dhamendra Paswan Son of Vikrama Paswan Resident of Village- Nuaon, P.S.- Nuaon, District- Kaimur at Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Pandey, Advocate For the Opposite Party/s :
Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-03-2026 Heard Mr.Rajani Kant Pandey, learned counsel for the petitioner and Mr.Ram Anurag Singh, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since 25.11.2024 in connection with S.Tr.No.218 of 2025 arising out of Ramgarh (Nuaon) P.S.Case No. 403 of 2024, F.I.R. dated 15.11.2024 registered for the offence punishable under Sections 80(2) of BNS,2023.
3. Earlier the prayer for bail of the petitioner was rejected vide order dated 05.05.2025 passed in Cr.Misc.No.25553 of 2023 by a Coordinate Bench of this Hon'ble Court.
4. Learned counsel appearing for the petitioner submits that from a bare perusal of the FIR it appears that there
2/4 is no specific allegation of any assault, overt-act or demand of dowry attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner. It appears from the FIR itself that the informant has participated in the last rituals of the deceased and the date of occurrence as alleged in the FIR is 10.11.2024 but the present FIR has been instituted on 15.11.2024 after delay of five days afterthought to falsely implicate the petitioner and his family members in the present case. Further submits that the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 25.11.2024.
5. Vide order dated 13.01.2026, a report was called for with regard to the present stage of the trial. The report of the learned Trial Court dated 17.02.2026 reveals that the charge has been framed against the petitioner on 17.09.2025 and out of six chargesheet witnesses, prosecution has not examined any witness as yet.
6. Learned counsel for the petitioner submits that in view of the report of the learned Trial Court that there is no chance of early conclusion of the trial in near future and the petitioner is in custody since 25.11.2024.
7. Learned A.P.P. for the State has vehemently
3/4 opposed the prayer for bail of the petitioner.
8. Considering the aforesaid facts, report of the learned Trial Court as well as the period of custody, 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 learned C.J.M., Katihar in connection with Ramgarh (Nuaon) P.S. Case No. 403 of 2024, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the 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
4/4 shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T