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Patna High Court

Rahul Kumar @ Rahul Kumar PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court enlarges the petitioner on bail.

Summary

The petitioner, Rahul Kumar Paswan, sought bail for offences under Sections 103(1) and 61(2)(a) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act, arising from a shooting incident on 20‑08‑2024 that resulted in the death of Pankaj Ray. The FIR named other assailants, and the petitioner’s name appeared only in the confessional statements of co‑accused persons, not in the FIR itself. The petitioner argued that he was falsely implicated and highlighted that a co‑accused with a similar evidentiary profile had been granted bail in Cr. Misc. No.1223 of 2026. The State opposed bail, citing four prior criminal cases against the petitioner. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a Rs.10,000 bond with two sureties and to cooperate with the trial.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bihar Narcotic Substances Act and the Arms Act
  • Whether the petitioner’s alleged involvement, based solely on co‑accused confessional statements, warrants continued detention
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • Bihar Narcotic Substances Act
  • confessional statements
  • prior convictions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14704 of 2026
                   Arising Out of PS. Case No.-597 Year-2024 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Rahul Kumar @ Rahul Kumar Paswan, Son of Balindra Paswan, Resident of
                 Village- Chak Baladhari, P.S.- Hajipur Sadar, District- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   25-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Hajipur Sadar P.S. Case No. 597 of 2024 registered for the

                   offence punishable under Sections 103(1), 61(2) (a) of the

                   B.N.S. and Section 27 of the Arms Act.

                                3. The case of the prosecution in short is that on

                   20.08.2024 at about 07:45 PM, two unknown persons came out

                   at the place of occurrence and fired upon the father of the

                   informant due to that he sustained injuries and subsequently, he

                   died. It is further alleged that at the time of incident some other

                   accused persons were also present. It is further mentioned in the

                   FIR that just before the death of Pankaj Ray, he named Angu @

                   Mayank, Badal Kumar and Naveen Billa as assailant.
Patna High Court CR. MISC. No.14704 of 2026(2) dt.25-02-2026
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                       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. Learned counsel for the petitioner submits that the name of

          this petitioner is not there in the FIR rather his name has

          surfaced during the course of investigation in the confessional

          statement of co-accused persons namely, Adarsh Kumar, Ankit

          Kumar, Deepak Kumar and Priyanshu Kumar. He further

          submits that similarly situated other co-accused namely, Nitesh

          Kumar whose name has also surfaced during investigation in the

          confessional statement of the co-accused persons has been

          granted bail by this Court vide Cr. Misc. No.1223 of 2026. The

          case of this petitioner stands on similar footing. Moreover, the

          petitioner is languishing in judicial custody since 20.08.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of four cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          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
             Patna High Court CR. MISC. No.14704 of 2026(2) dt.25-02-2026
                                                         3/3




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

                       Judicial Magistrate, Vaishali in connection with Hajipur Sadar

                       P.S. Case No. 597 of 2024 with the condition that petitioner

                       shall cooperate in the trial.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T


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