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Patna High Court

RAMA NAND @ RAMA PASWAN @ RAMNAND PASWANversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Rama Nand, was arrested in connection with a case involving firing at a petrol pump, alleged under sections 115(2), 126(2), 109 and 3(5) of the Bhartiya Nyay Sanhita, 2023 and sections 25(1‑B)(a), 26, 27 and 35 of the Arms Act. The FIR named 8‑9 unknown persons; the petitioner’s name surfaced only in a co‑accused’s confessional statement, with no specific overt act attributed to him. He had been in custody since 11‑12‑2025, had no prior criminal record, and a co‑accused had already been released on bail. The court examined the lack of specific allegations, the prolonged pre‑trial detention, and the fact that a chargesheet had been filed, and consequently ordered regular bail on a bond of Rs.10,000 with two sureties. The bail order was directed to be complied with by the Additional Chief Judicial Magistrate‑1, Jhanjharpur, Madhubani.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged under the Bhartiya Nyay Sanhita and the Arms Act.
  • Whether the general and omnibus allegations in the FIR, without specific overt acts, justify continued detention.

Legislation cited

Subjects

  • regular bail
  • pre‑trial detention
  • arms act
  • Bhartiya Nyay Sanhita
  • confessional statement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14041 of 2026
                   Arising Out of PS. Case No.-12 Year-2025 Thana- Araria Sangram District- Madhubani
                 ======================================================
                 RAMA NAND @ RAMA PASWAN @ RAMNAND PASWAN S/o Late
                 Chalittar Paswan R/o vill - Mansapur Balhu, P.S.- Laukahi, Distt.- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jaishankar Kumar Yadav, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   12-03-2026                    1. Heard learned counsel for the parties.

                                   2. The petitioner has preferred this application for

                   grant of regular bail in connection with Araria Sangram P.S. Case

                   no. 12 of 2025 registered under sections 115(2), 126(2), 109 and

                   3(5) of the Bhartiya Nyay Sanhita, 2023 and sections 25(1-B)

                   (a), 26, 27 and 35 of the Arms Act.

                                3. As per the prosecution case, the informant states

                   that 8 to 9 persons came on a motorcycle at petrol pump, there

                   was altercation between them and the persons in a bus. It is

                   stated that after sometime 5 to 6 persons returned back and as a

                   result of firing resorted to, while the informant sustained

                   firearm injury in his left leg, one Md. Alim sustained firearm

                   injury in his hand.

                                 4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.14041 of 2026(2) dt.12-03-2026
                                            2/3




          that the FIR was registered against 8 to 9 unknown accused

          persons. Referring to the order of the learned trial Court it is

          submitted that the name of the petitioner transpired in course of

          investigation in the confessional statement of coaccused made

          before police. No overt act has been alleged against the

          petitioner and the allegations against him are general and

          omnibus in nature. It is further submitted that in his confessional

          statement co-accused the Deepi Karan Paswan has stated that he

          and one another coaccused Chandan were carrying the pistol

          and they had resorted to firing. The petitioner is in custody since

          11.12.2025 and has no criminal antecedent. Coaccused Deepi

          Karan      Paswan has been enlarged on bail vide order dated

          2.9.2025 passed in Cr.Misc. no. 59478 or 2025.

                         5. Heard learned A.P.P. for the State.

                          6. Having heard learned counsel for the parties and

          taking into consideration the allegations against the petitioner in the

          F.I.R., the material that has transpired in course of investigation as is

          evident from the order of the learned trial Court, the allegation of

          firing even as per the confessional statement of coaccused not being

          on the petitioner together with the petitioner having remained in

          custody since 11.12.2025 and chargesheet having been submitted in

          the case, the Court directs the petitioner to be enlarged on bail in
          Patna High Court CR. MISC. No.14041 of 2026(2) dt.12-03-2026
                                                      3/3




                    connection with Araria Sangram P.S. Case no. 12 of 2025 on

                    furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two

                    sureties of the like amount each to the satisfaction of the learned

                    Additional        Chief       Judicial      Magistrate-1,   Jhanjharpur,

                    Madhubani.



                                                (Partha Sarthy, J)
Bibhash

U     T


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