Patna High Court
Ajit Paswan @ Ajeet Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the seriousness of the offences and the near‑completion of the trial preclude the grant of bail.
Summary
Ajit Paswan was charged with offences under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code, Section 27 of the Arms Act and later Section 302 of the IPC for allegedly shooting the son of an informant, resulting in the victim's death. The petitioner has been in custody since May 2022 and has filed three successive bail applications, all of which were rejected by the Patna High Court. The court noted that specific allegations of shooting, corroborated by post‑mortem findings and prosecution witnesses, were made against him. It also observed that the trial is already underway, with all prosecution witnesses examined and the trial nearing completion. Considering the gravity of the offences and the advanced stage of the trial, the court dismissed the latest bail application.
Issues considered
- Whether bail should be granted to the accused given the seriousness of the offences and the stage of the trial
- Whether the presence of specific allegations and corroborative evidence justifies denial of bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 307, 323, 34, 341, 504, 506
Subjects
- bail
- Indian Penal Code
- Arms Act
- murder
- attempted murder
- assault
- trial stage
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10553 of 2026
Arising Out of PS. Case No.-109 Year-2022 Thana- SIKANDRA District- Jamui
======================================================
Ajit Paswan @ Ajeet Kumar Paswan Son of Kameshwar Paswan Resident of
Village - Gohar Nagar, P.S. - Sikandra, District - Jamui.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. P.N. Shahi, Sr. Adv.
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 12-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. This is the 3rd attempt of the petitioner seeking bail
in connection with S.Tr. No. 524 of 2022, arising out of
Sikandra P.S. Case No. 109 of 2022 registered for the offence
under Sections 341, 323, 307, 504, 506/34 of the I.P.C. read
with Section 27 of Arms Act subsequently Section 302 of I.P.C.
was added.
3. Earlier, the bail application of the petitioner was
rejected on 03.10.2024 in Cr. Misc. No. 67270 of 2024 which
reads as follows:-
“Heard learned counsel for the petitioner
and learned APP for the State.
2. This is the second attempt for bail of
the petitioner as earlier such prayer was
rejected by order dated 07.08.2023 in Cr. Misc.
No. 41322 of 2023.
Patna High Court CR. MISC. No.10553 of 2026(3) dt.12-05-2026
2/4
3. The petitioner seeks bail in connection
with Sikandra P.S. Case No. 109 of 2022
registered for the offence punishable under
Sections 341, 323, 307, 504, 506, and 302/34 of
the Indian Penal Code and Section 27 of the
Arms Act.
4. The following order was passed on
07.08.2023 in Cr. Misc. No. 41322 of 2023
which reads as under:
“Heard learned counsel for the
petitioner and learned A.P.P appearing
on behalf of the State.
The petitioner is languishing in
custody in a case registered for the
offences punishable under Sections 341,
323, 307, 504, 506/34 of the Indian Penal
Code and Section 27 of the Arms Act.
It is alleged against the petitioner
that he shot at the son of the informant,
as a result of which, he sustained gunshot
injuries on his stomach and subsequently
succumbed to the injuries.
It is submitted by learned counsel
for the petitioner that petitioner is
innocent and he has falsely been
implicated in this case. For the alleged
occurrence of 03.05.2022, the F.I.R was
registered on 07.05.2022 without
explaining the delay. The deceased
himself was a veteran criminal and he
might be killed by his rivals.
The petitioner is languishing in
custody since 19.05.2022. During
investigation, other witnesses have given
contradictory statement. A statement has
been made in para 3 of the petition that
petitioner has no criminal antecedent.
Learned A.P.P appearing on
behalf of the State has vehemently
opposed the prayer for bail of the
petitioner and submitted that there is
specific allegation against the petitioner
that he shot at the deceased, as a result
of which, he died during treatment. The
postmortem report as well as the
witnesses have also supported the case of
the prosecution.
Patna High Court CR. MISC. No.10553 of 2026(3) dt.12-05-2026
3/4
Considering the fact that there is
specific accusation against the petitioner,
this Court is not inclined to grant bail to
the petitioner.
The prayer for grant of bail to the
petitioner stands rejected. The Trial
Court is directed to expedite the trial and
conclude the same at the earliest.”
5. It has been submitted by learned
counsel for the petitioner that the petitioner is in
jail since 19.05.2022.
6. Learned counsel for the petitioner
submit that one witness has been examined in
the trial and eight more witnesses are to be
examined.
7. In view of the fact that the trial has
begun and one witness has bee examined, this
application stands dismissed.
8. The Superintendent of Police, Jamui is
directed to produce the witnesses on the date
fixed so that the trial is not delayed.
9. Let a copy of this order be
communicated to the District Judge, Jamui and
the Superintendent of Police, Jamui for its
compliance through FAX or e-mail forthwith. ”
4. In the trial, all the prosecution witnesses have been
examined.
5. Considering the gravity of the offence and the fact
that the trial is on the verge of completion, this Court is not
inclined to grant bail to the petitioner.
6. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
sadique/-
U T
Patna High Court CR. MISC. No.10553 of 2026(3) dt.12-05-2026
4/4
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.