Patna High Court
RAMA NAND @ RAMA PASWAN @ RAMNAND PASWANversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5)
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
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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
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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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