Patna High Court
Aman Paswan @ Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Aman Paswan, applied for anticipatory bail in a case registered under Sections 126(2), 115(2), 109, 352 and 3(5) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act. He is alleged to have been part of a gang that stopped an informant, after which a co‑accused fired a gun that injured the informant. The petitioner contended that he was not present at the scene, no incriminating article was found on him, and that he has been falsely implicated. The State opposed the bail, highlighting the petitioner’s twelve prior criminal convictions and the ongoing investigation. The Court, noting the petitioner’s habitual offender status and the seriousness of the allegations, declined to grant anticipatory bail, dismissing the petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the alleged offences and his criminal antecedents
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 109, 115(2), 126(2), 3(5), 352
Subjects
- anticipatory bail
- criminal antecedents
- Arms Act
- Bihar Negotiable Instruments Act
- bail jurisprudence
- habitual offender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10704 of 2026
Arising Out of PS. Case No.-271 Year-2025 Thana- GAYA KOTWALI District- Gaya
======================================================
Aman Paswan @ Aman Kumar S/o Jai Prakash Paswan R/o Mohalla-
Powerganj Bairagi, PS- Delha, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priya Ranjan
For the Opposite Party/s : Mr.Syed Ehteshamuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 109, 352 and 3(5) of the BNS and Section 27 of the
Arms Act in connection with Kotwali P.S.Case No. 271 of 2025.
3. The allegation against the petitioner is that the
petitioner along with co-accused stopped the informant and one
co-accused Vishal Paswan intentionally fired a gun upon the
informant and when the informant tried to stop him with his
hands the bullet hit the informant left hand, due to which the
blood stated oozing out.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.10704 of 2026(3) dt.01-04-2026
2/2
present case. He was not arrested on the spot, nor any
incriminating article has been recovered from his conscious
physical possession and at the scene of occurrence he was not
present.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. The petitioner has 12 criminal antecedents, which
shows he is a habitual offender. The investigation of the case is
still going on.
7. Under these circumstances, I am not inclined to
grant the privilege of anticipatory bail to the petitioner. It is,
accordingly, rejected.
(Alok Kumar Sinha, J)
HR/-
U T
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