Patna High Court
Bablu Paswan @ Bablu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Indian Penal Code — s. 302, 307, 34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(v)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.