Created by Fuzzy Cloud

Patna High Court

Bablu Paswan @ Bablu KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal is dismissed and bail is not granted.

Summary

The appellant, Bablu Paswan, appealed against the order of the Exclusive Special Judge (SC/ST) in Gaya rejecting his bail application in a case involving offences under Sections 307, 302/34 of the IPC, several provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 27 of the Arms Act. The prosecution alleged that on 25.02.2024 the appellant shot his brother near the Falgu River, with two other persons fleeing the scene, and that witness statements implicated the appellant. The appellant has been in custody since 18.11.2025 and possesses two prior criminal antecedents. The Patna High Court, after considering the gravity of the charges and the appellant’s antecedents, declined to extend regular bail. Consequently, the appeal was dismissed.

Issues considered

  • Whether bail should be granted to an accused facing charges of murder, attempt to murder, and offences under the SC/ST (Prevention of Atrocities) Act and the Arms Act.
  • Whether the nature and gravity of the allegations and the appellant’s prior criminal antecedents justify denial of regular bail.

Legislation cited

Subjects

  • bail
  • IPC
  • murder
  • attempt to murder
  • SC/ST Act
  • Arms Act
  • criminal antecedents
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.296 of 2026
                     Arising Out of PS. Case No.-40 Year-2024 Thana- BUNIYAD GANJ District- Gaya
                 ======================================================
                 Bablu Paswan @ Bablu Kumar S/o Shiv Paswan R/o Mohalla - Head Manpur,
                 P.S - Buniyadganj, District - Gaya

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar Bihar
           2.    Tiger Kumar S/o Late Rajaram Ravidas R/o Mohalla - Head Manpur, Bhim
                 Nagar, P.S - Buniyadganj, District - Gaya

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Sanjay Kumar
                 For the Respondent/s    :       Mr.Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   01-07-2026                 Heard the learned counsel for the appellant and the

                   learned counsel for the State.

                               2. The present appeal is being preferred for setting

                   aside the order dated 05.01.2026 passed by the Learned

                   Exclusive Special Judge (SC/ST), Gaya Ji in CIS No. Bail

                   Application (Special Act) 4263 of 2025, arising out of

                   Buniyadganj P.S. Case No. 40 of 2024, whereby the prayer for

                   bail of the appellant was rejected, in connection with the case

                   registered for the offences punishable under Sections 307,

                   302/34 of the Indian Penal Code, read with Sections 3(1)(r),

                   3(1)(s) and 3(2)(v) of the Scheduled Castes and the Scheduled

                   Tribes (Prevention of Atrocities) Act and Section 27 of the Arms
            Patna High Court CR. APP (SJ) No.296 of 2026(3) dt.01-07-2026
                                                         2/2




                      Act.

                                   3. The prosecution case, in brief, is that on

                      25.02.2024, upon hearing the sound of gunfire, the informant

                      rushed to the bank of the Falgu River and allegedly found his

                      brother lying with a gunshot injury while two persons, namely

                      Dularu Sao and Pintu Kumar were seen fleeing from the place

                      of occurrence.

                                   4. During the investigation, the statements of Gopal

                      Das and Raju Das were recorded by the police, in which they

                      stated that the petitioner had shot the deceased. The deceased

                      sustained a gunshot injury. The appellant is in custody since

                      18.11.2025 and has two criminal antecedents.

                                   5. Considering the nature and gravity of the

                      allegations levelled against the appellant, this Court is not

                      inclined to extend the privilege of regular bail to the appellant.

                                   6. Accordingly, the appeal is dismissed.



                                                                  (Sandeep Kumar, J)
Shishir/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.