Patna High Court

Mulendra PaswanversusThe State of Bihar

Decided: 3 April 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

The court held that the petitioner is entitled to pre‑arrest bail subject to bond and conditions.

Summary

The petitioner, Mulendra Paswan, sought pre‑arrest bail in a case registered under multiple sections of the Bihar Penal Code and Section 27 of the Arms Act, alleging that he was falsely implicated in an assault on an informant. The FIR alleged that the petitioner and co‑accused assaulted the informant with intent to kill, causing injuries. The petitioner argued that he and the informant belong to the same Gotia, the injuries were simple, and he was innocent. The State opposed the bail. After considering the allegations, the court found a prima facie case for bail, noting the simple nature of injuries and the petitioner’s relationship with the informant, and ordered his release on pre‑arrest bail subject to a bond and sureties, with a condition that the order would lapse if the petitioner has other criminal antecedents.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail despite the serious nature of the offences alleged in the FIR
Whether the relationship between the petitioner and the informant and the nature of injuries affect the bail decision

Legislation cited

Arms Act — s. 27

Subjects

pre‑arrest bail
criminal procedure
Bihar Penal Code
Arms Act
prima facie case
injury assessment
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1123 of 2026
                     Arising Out of PS. Case No.-107 Year-2025 Thana- ATHMALGOLA District- Patna
                 ======================================================
                 Mulendra Paswan Son of Devendra Paswan R/o Vill. - Chanda, P.S
                 -Athmalgola, Distt. - Patna.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Manoj Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr.Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   03-04-2026                    Heard Mr. Manoj Kumar Pandey, learned counsel

                   appearing on behalf of the petitioner and Mr. Ram Sumiran Rai

                   learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Athmalgola P.S. Case No. 107 of 2025 registered for the

                   offence(s) punishable under Sections 126(2), 115(2), 109(1),

                   303(2) ,351(2), 352 and 3(5) of the BNS and Section 27 of Arms

                   Act.

                                 3. As per the allegation made in the FIR, all the

                   accused persons including the petitioner assaulted the informant,

                   causing injuries on different parts of the body with an intention

                   to kill.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner is innocent and has falsely
Patna High Court CR. MISC. No.1123 of 2026(3) dt.03-04-2026
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          been implicated in the present case. Petitioner and informant are

          own Gotia and the other co-accused are co-villagers, regarding

          which specific information has been given in paragraph no.8 of

          the bail application. The injury sustained by the injured         is

          simple in nature. On these grounds, the petitioner seeks to be

          released on pre-arrest bail.

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                        6. Having heard the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR and the fact that petitioner and informant are

          own Gotia and the injuries sustained by the injured are simple in

          nature, I am of the opinion that petitioner has, prima facie,

          made out a case to be released on pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned SDJM, Barh, District, Patna / Concerned

          Court in connection with Athmalgola P.S. Case No. 107 / 2025

          subject to the conditions as laid down under Section 482(2) of
           Patna High Court CR. MISC. No.1123 of 2026(3) dt.03-04-2026
                                                       3/3




                     the BNSS.

                                  8. The learned District Court is directed to verify the

                     criminal antecedent of the petitioner and if it is found that the

                     petitioner is involved in some other cases, as what has been

                     stated in paragraph no.3 of the bail application, this order will

                     automatically lose its force.


                                                (Purnendu Singh, J)
Sanjay/-

U      T

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