Patna High Court
Nana Patekar Paswan @ KajuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail in the present case.
Summary
Nana Patekar Paswan applied for bail in a case registered under Sections 28(1‑b)a/26 of the Arms Act and Section 317(5) of the B.N.S., 2023, alleging possession of a stolen scooter and a firearm. The prosecution’s case is based on a secret tip and the confessional statement of co‑accused Moti Kumar, who allegedly possessed the contraband, but no weapon or scooter was recovered from the petitioner. The petitioner contended that he is innocent, has no criminal antecedent, and is being falsely implicated through the co‑accused’s confession. He also pointed to a prior bail order granted to another co‑accused, Dhannu Kumar, in a similar case. After hearing both sides, the court found the bail application credible and ordered the petitioner to be released on bail upon furnishing a Rs.10,000 bond with two sureties, directing compliance with the Judicial Magistrate, 1st Class, Sheikhpura.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations under the Arms Act and B.N.S., 2023.
- Whether the confessional statement of a co‑accused is sufficient to deny bail to the petitioner.
- Whether the precedent of bail granted to a similarly situated co‑accused influences the present bail decision.
Legislation cited
- Arms Act — s. 26, 28(1-b)a
- B.N.S., 2023 — s. 317(5)
Subjects
- bail
- Arms Act
- confessional statement
- co‑accused
- judicial custody
- surety
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1282 of 2026
Arising Out of PS. Case No.-72 Year-2025 Thana- JAYRAMPUR District- Sheikhpura
======================================================
Nana Patekar Paswan @ Kaju Lalo Devi R/O Vill-Moti Bigha ,P.s-Sarmera ,
Dist-Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Anjani Pd. Singh, Advocate
For the Opposite Party/s : Mrs. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Jai Rampur P.S. Case No. 72 of 2025 registered for the
offence punishable under Sections 28(1-b)a/26 of the Arms Act
and Section 317(5) of the B.N.S., 2023.
3. As per prosecution case, on 13.09.2025 the
informant got secret information that co-accused Moti Kumar
has brought a blue coloured stolen scooter at his house and has
also kept firearm in the house. On the said information,
informant along with other police officials reached near the
house of co-accused Moti Kumar and saw one person sitting on
the blue colored scooter. It is alleged that on seeing police team,
said person managed to escape. Mahal chowkidar disclosed the
Patna High Court CR. MISC. No.1282 of 2026(3) dt.18-03-2026
2/3
name of Moti Kumar, who fled away from the spot. On search,
one country made single barrel gun and one number plate, upon
which Registration No. BR01FY3938 was mentioned. It is
further alleged that one blue colored scooter was also recovered
which was parked in front of house of co-accused Moti Kumar.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the name of this petitioner has
surfaced on the basis of confessional statement of co-accused
namely, Moti Kumar. He also submits that nothing has been
recovered from the possession of the petitioner. He further
submits that similarly situated other co-accused namely, Dhannu
Kumar has been granted bail by this court vide Cr. Misc. No.
82114 of 2025. The case of this petitioner stands on similar
footing. Moreover, a statement has been made in para 3 of the
petition that petitioner has no criminal antecedent and he is
languishing in judicial custody since 15.09.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
Patna High Court CR. MISC. No.1282 of 2026(3) dt.18-03-2026
3/3
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Sheikhpura in connection with Jairampur
P.S. Case No. 72 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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